Sunil Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17921 of 2015 ====================================================== 1.

Sunil Kumar, Son of Shri Dhanesh Ram, Resident of Village - Bhadara, P.O. - Dara Nagar, P.S. - Nauhatta, District - Rohtas. 2.

Satish Kumar Gupta, Son of Late Shambhu Prasad Gupta, Resident of Village - Bhadara, P.O. - Dara Nagar, P.S. - Nauhatta, District - Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Secretary, Department of Human Resources, Government of Bihar, Patna.

3.

The District Magistrate, Rohtas.

4.

The District Education Officer, Rohtas.

5.

The Block Development Officer, Nauhatta, District - Rohtas. 6.

The Block Education Officer, Nauhatta, District - Rohtas. 7.

The Panchayat Sachiv, Gram Panchayat Bhadara, Block - Nauhatta, DistrictRohtas. 8.

Ram Nath Ram, Son of Shri Ghura Ram, Resident of Village - Kamal Khairwa, Gram Panchayat Bhadara, Block - Nauhatta, District - Rohtas. 9.

Sunil Prasad Gupta, Son of Shri Rambriksha Sah, Resident of VillageKamal Khairwa, Gram Panchayat Bhadara, Block - Nauhatta, DistrictRohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Satya Deo Kumar, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-02-2024

1. No one appears for the petitioners. Learned counsel for the State is present.

2. The petitioners have filed the instant application for

Patna High Court CWJC No.17921 of 2015(2) dt.09-02-2024 2/3 the following relief(s):- "1. i) For issuance of an appropriate writ or order or direction, cancelling the selection/appointments of respondent nos.8 and 9 on the post of Shiksha Mitra/Panchayat Shikshak in the Gram Panchayat Bhadara, Block- Nauhatta, District Rohtas.

ii) For issuance of appropriate order or direction to the concerned authorities to inquire into the matter of selection/ appointment of Shiksha Mitra/Panchayat Teacher within Gram Panchayat Bhadara, Block- Nauhatta, District-Rohtas, during the y ears 2005 and 2006.

iii) For an appropriate declaration th at the petitioners having better marks in the Intermediate examination, had better claims than the respondent nos.8 and 9 for their selection/appointment on the post of Shiksha Mitra/Panchayat teacher within Gram Panchayat Bhadara.

iv) Any other relief for which the petitioner may be found entitled in the eyes of law."

3. At the outset, it is submitted by learned counsel for the State that the issue in the instant case relates to appointment on the post of Shiksha Mitra/Panchayat Shikshak which can no longer be gone into in view of the Full Bench judgment of this Court in the case of Kalpana Rani vs The State of Bihar & Ors [2014 (2) PLJR 665] and more particularly paragraph no.106 thereof.

4. The Court finds merit in the submissions made by

Patna High Court CWJC No.17921 of 2015(2) dt.09-02-2024 3/3 learned counsel for the respondents.

5. The writ application is dismissed.

(Partha Sarthy, J) avinash/- U