Md. Wali Azam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7239 of 2015 ====================================================== Md. Wali Azam S/o Md. Rabbani Resident of Village & P.O. Saidpur, P.S. Matihani, District Begusarai, Presently working as Assistant Teacher (Urdu Unit) Upgraded Middle School Hasanpur Bagar, District Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Human Resources Development Department, Bihar, Patna.

2. Director, Primary Education, Human Resources Development Department, Government of Bihar, Patna.

3. District Education Officer, Begusarai.

4. Senior Programme Officer, Begusarai.

5. District Programme Officer, Begusarai (Establishment).

6. Chief Stenographer, District Programme Office (Establishment), Begusarai.

7. Incharge Stenographer (Kundan Kumar) District Programme Office (Establishment), Begusarai.

8. Wasi Ahmad S/o Late Abdul Ghani At/P.O. Saidpur, P.S. Matihani, District Begusarai at present working as Assistant (General Unit) Primary Maktab, Khatopur, District Begusarai. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Nandan Prasad For the Respondent/s : Mr. Ram Balak Mahto ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 17-07-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner is one of those teachers appointed in the lot of 34540 teachers under the order of the Apex Court and has a grievance with regard to his being posted against a post of Urdu teacher, this Court would find that the petitioner ought to have approached before the Director, Primary Education, who is the competent authority under the special appointment rule, 2010.

Patna High Court CWJC No.7239 of 2015 (2) dt.17-07-2015 When such an observation has been made, learned counsel for the petitioner seeks permission to withdraw this application in order to enable the petitioner to move Director, Primary Education for redressal of his grievance. This application is, accordingly, permitted to be withdrawn with a liberty to the petitioner to file a fresh representation enclosing a copy of this order whereafter the Director, Primary Education shall take appropriate decision in accordance with law.

With the aforementioned observation, this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U