Md. Qutubuddin And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.902 of 2016 In Civil Writ Jurisdiction Case No.4147 of 2014 ====================================================== 1.

Md. Qutubuddin, Son of Late Md. Amiruddin, resident of Village - Ramdeo Chapra, P.S. - Ara Muffasil, District - Bhojpur, Presently posted as Teacher in Primary School, Waligunj, Ara City.

2.

Umesh Singh, Son of Late Ram Kishun Singh, resident of Ghauri, P.O. - Kharau Kala, District - Bhojpur, Presently posted as Teacher in Primary School, Masdi, Sultanganj, Bhagalpur.

3.

Prabhakar Prasad, Son of Late Devnandan Das, resident of Village - Jagankirta, P.O. - Gajhanda, P.S. Lalmatiya, District - Godda, Jharkhand, Presently posted as Teacher in Primary School, Hardevchak, Pirpainti, 4.

Md. Alamgir, Son of Late Md. Subhen Ansari, resident of Village - Sohayal, P.S. Sanckhar, District - Bhagalpur, Presently posted as Teacher in Middle School, Dhanaura, Bhagalpur.

5.

Md. Sarwar Alam, Son of Late Juber Alam, resident of Village - Sakrama (Tola Ashraf Nagar), P.S. - Sanhola, District - Bhagalpur, Presently posted as Teacher in Primary School, Kashimpur, Bhagalpur. 6.

Md. Moin Uddin, Son of Late Md. Afzal Ahmad, resident of Village - Simariya, P.O. - Simariya, P.S. - Nathnagar, District - Bhagalpur. Presently posted as Teacher in Primary School, Mohammadpur, Jagdishpur, 7.

Vimal Vibhuti Narayan, Son of Late Rupan Mandal, resident of Mohanpur Narma, P.O. - Champanagar, District - Bhagalpur, Presently posted as Teacher in Middle School, Shrorampur, Nathnagar, Bhagalpur. 8.

Vibhuti Kumar Singh, Son of Suresh Chandra Singh, resident of Kiranpur, Sultanganj, P.S. - Bath, District - Bhagalpur, Presently posted as Teacher in Middle School, Deendayalpur, Shahkund, Bhagalpur. 9.

Arvind Kumar Mandal, Son of Late Naresh Prasad Mandal, resident of Village - Mohanpur, P.O. - Khabarpur, District - Bhagalpur, Presently posted as Teacher in Middle School, Ekchari, Kahalgaon, Bhagalpur. 10.

Santosh Kumar Jha Son of Late Rajendra Prasad Jha, resident of Village - Abharatanpur, P.S. - Bath (Sultanganj), District - Bhagalpur. Presently posted as Teacher in Middle School, Echari, Kahalgaon, Bhagalpur. 11.

Sitaram Hembrom, Son of Late Charar Hembrom, resident of Village - Laxmipur Bela, P.S. - Sanokhar Hat, District - Bhagalpur. Presently posted as Teacher in Middle School, Ekchari, Kahalgaon, Bhagalpur. 12.

Dhruv Kumar, Son of Late Kailash Prasad Das, resident of Village - Gangalday, Anadipur, P.S. - Kahalgaon, District - Bhagalpur. Presently posted as Teacher in Primary School, Kashri, Kahalgaon, Bhagalpur. 13.

Chandrashekhar Bankura, Son of Late Surya Nandan Mandal, Resident of Village - Gyanwati Tapuwa, P.S. - Pirpainti, District - Bhagalpur, Presently posted as Teacher in Primary School, Kaligunj, Bhagalpur.

2/4 14.

Binod Kumar Singh, Son of Late Yamuna Prasad Singh, resident of Village - Khajuria, P.S. - Sanokhar, District - Bhagalpur, Presently posted as Teacher in Primary School, Kurma, Ekchari, Bhagalpur. 15.

Rahul Pathak, Son of Late Gambhir Kumar Pathak, Resident of Village - Karnpur, P.O. - Karnpur, P.S. - Supaul, District - Supaul, Presently posted as Teacher in Middle School, Budhanath, Sultanganj, Bhagalpur. 16.

Sudhanshu Ranjan, Son of Late Sudhir Prasad Singh, Resident of Village - Pildouri Gali No. - 5, P.S. - Sultanganj, District - Bhagalpur, Presently posted as Teacher in Boy's Middle School, Shahkund, Bhagalpur. 17.

Manoj Kumar Singh, Son of Hari Kishore Singh, resident of Village - Amba, P.S. Shahkund, District - Bhagalpur, Presently posted as Teacher in Middle School, Kheraihiya Hariyo, Akbarnagar, Bhagalpur. 18.

Devendra Kumar, Son of Late Jay Narayan Singh, Resident of Village - Phadaura, P.S. - Haweli Kharagpur, District - Munger. Presently posted as Teacher in Primary School, Barbilla, Sultanganj, Bhagalpur. 19.

Hemant Kumar Gupta, Son of Late Ram Vilay Gupta, Resident of Harpur Shahkund, District - Bhagalpur. Presently posted at Middle School, Kolgama, Sultanganj, Bhagalpur.

20.

Pritam Kumar Thakur, Son of Late Vishnu Charan Thakur, resident of Village - Masikpur, P.O. - Ratanpur, P.S. - Shahkund, District - Bhagalpur. Presently posted as Teacher in Primary School, Misharpur, Sultanganj, 21.

Mukesh Kumar Bharti Son of Late Prahlad Prasad Mandal Resident of Village - Kathoun, P.S. - Rajoun, District - Banka. Presently posted as Teacher in Adarsh Middle School, Sultanganj, Bhagalpur. 22.

Shekhar Bhardwaj Son of Late Chandan Kumar Choudhary Resident of Village - Mauzmabad, P.S. - Bihpur, District - Bhagalpur, Presently posted as Teacher in Middle School, Kanjhiya, Nathnagar, Bhagalpur. 23.

Kumar Gaurav Son of Late Narayan Paswan Resident of Village - Bikrampur, P.O. - Bihpur, P.S. - Bihpur, District - Bhagalpur. Presently posted as Teacher in Middle School, Sahuparnatta, Naugachia, Bhagalpur. 24.

Md. Sarfaraz Alam Son of Late Md. Shamsad Resident of Village - Samuniya, P.S. - Kharokanabar, District - Bhagalpur. Presently posted as Teacher in Primary School, Athgama, Bihpur, Bhagalpur. 25.

Deepak Kumar Son of Late Ashok Kumar Resident of Village - Ganaura, P.O. - Narayanpur, P.S. - Narayanpur, District - Bhagalpur. Presently posted as Teacher in Adarsh Middle School, Naugachia, Bhagalpur. ... ... Appellant/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna. 2.

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

3.

The Director, Education Department, Government of Bihar, Patna. 4.

The Regional Deputy Director of Education, Bhagalpur.

3/4 5.

The District Education Officer, Bhagalpur.

6.

The District Programme Officer (Establishment), Bhagalpur. 7.

The Regional Deputy Director of Education, Bhojpur. 8.

The District Education Officer, Bhojpur.

9.

The District Programme Officer Establishment, Bhojpur. 10.

Jitendra Kumar Choudhary Son of Late Bishwanath Choudhary Resident of Village - Telghi, P.S. - Kharik Bazar, District - Bhagalpur, Presently posted as Teacher in Middle School, Babhangama Bihpur, Bhagalpur. 11.

Md. Arwar Sadat Son of Late Md. Shahabuddin Resident of Village - Sajurg Harna, P.S. - Rajoun, District - Banka. Presently posted as Teacher in Urdu Middle School, Lodipur, Sabor, Bhagalpur.

12.

Md. Akram Ansari Son of Late Md. Sagir Ansari Resident of Dhruvganj, P.O. - Kharik Bazar, District - Bhagalpur. Presently posted as Teacher in Primary School, Bhagwatipur, Bihpur, Bhagalpur. 13.

Arun Kumar Singh Son of Late Mritunjay Prasad Singh Resident of Village - Telghi, P.S. - Naugachiya, District - Bhagalpur, Presently posted as Teacher in Middle School, Bamangama, Bihpur, Bhagalpur. 14.

Shailesh Kumar Jha Son of Late Niranjan Jha Resident of House No. - 180, Anandgarh Colony, Tilkamanjhi, P.S. - Barari, District - Bhagalpur. Presently posted as Teacher in Middle School, Bahadurpur, Sabout, 15.

Ravi Bhusan Kumar Sinha Son of Late Sargen Mahto Resident of Wakarchak, P.O. - Dighri, District - Lakhisarai, Presently posted as Teacher in Primary School, Adarshnagar, Sultanganj, Bhagalpur. 16.

Anil Kumar Singh Son of Late Ramdev Ram Resident of B.A. - 6, Surya Mohan Thakur Road, Tilkamanjhi, P.S. - Barari, District - Bhagalpur, Presently posted as Teacher in Primary School, Nagrah, Sanhauli, ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Jagjit Roshan For the Respondent/s :

Mr. Shashi Shekhar Tiwary, AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) 19-11-2019 After arguing at length, learned Counsel for the appellants seeks leave to withdraw the present memo of appeal directed against the judgment, dated 16.02.2016, passed, by the

4/4 learned Single Judge, in CWJC No. 4147 of 2014. Leave is granted.

The appeal is disposed of.

(Ashwani Kumar Singh, J.) ( Anil Kumar Sinha, J.) Prabhakar Anand/- U √