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Patna High CourtCWJC/11201/2024disposed

Avinash Kumar v. The State Of Bihar

2024-07-29Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11201 of 2024 ====================================================== 1.

Avinash Kumar Son of Chhedi Mandal Resident of Village- Ishakchak, P.SIshakchak, District- Bhagalpur. 2.

Abhay Kumar Mishra, Son of Govind Mishara, Resident of Village- Olapur, P.S- Pirpaiti, District- Bhagalpur.

3.

Dinesh Kumar, Son of Chhedi Singh, Resident of Village- Malikpur, P.SPirpaiti, District- Bhalgapur. 4.

Sanjay Kumar Yadav, Son of Mahavir Prasad Yadav, Resident of VillageFatehpur, Ganganiya, P.S- Sultanganj, District- Bhagalpur. 5.

Badarinath Kushwaha, Son of Baleshwar Mahto, Resident of VillageKisanichak, P.S- Pirpaiti, District- Bhagalpur. 6.

Ajay Kumar Pandit, Son of Vishwnath Pandit, Resident of VillageLaluchak, Kumhar Tola, P.S- Lodipur, District-Bhagalpur. 7.

Anjana Kumari, Wife of Siyaram Mahto, Resident of Village- Olapur, P.SPirpaiti, Districi- Bhagalpur. 8.

Hardev Harijan, Son of late Tuni Harijan, Resident of Village- Hasanchak Dariyapur, P.S- Sjaur, District- Bhagalpur.

9.

Anil Kumar Singh, Son of Vijay Prasad Singh, Resident of Village - Sarmaspur, Kohra, P.S- Lodipur, District -Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

3.

The Director, Mass Education, Bihar, Patna.

4.

The Deputy Director Mass Education Government of Bihar, Patna. 5.

The District Education Officer, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

Patna High Court CWJC No.11201 of 2024(2) dt.29-07-2024 2/3 ORAL ORDER 29-07-2024 Heard Mr. Sanjay Kumar, learned counsel appearing on behalf of the petitioners and learned SC-11 for the respondent/s.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:

"1. That this is an application on behalf of the petitioner for issuance of a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus, commanding and directing the respondent-authorities to appoint the petitioners against the Class IV post in view of the judgment and order dated 26.02.2016 passed in S.L.P. (c) no. 32079 of 2015 and other analogues case and also in terms of the policy dated 28.09.2016 for compliance of the aforesaid order of supreme court the petitioners further prays for issuance of confidential for which may be affirmed and/or to pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances stated hereunder."

3. Considering the nature of relief(s) sought for in the present writ petition, I don't find to interfere in any manner as the petitioners have not made out a case of equality, however, they may approach the place, where they were taken work under Non-Formal Education Scheme, anytime before it was abolished in the year 2001.

4. In case, the petitioners are entitled for Work Experience Certificate, then, they may approach the appropriate authority for issuance of the Work Experience Certificate in respect the duration they worked based on legal evidence.

Patna High Court CWJC No.11201 of 2024(2) dt.29-07-2024 3/3

5. Accordingly, the present writ petition stands disposed of (Purnendu Singh, J) Niraj/- U