Md. Sarfaraz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11152 of 2024 ====================================================== Md. Sarfaraz Alam Son of Late Md. Zafir Alam, Resident of VillageMadhopur, Police Station- Chiraiya, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, Patna.

2.

The Director, Primary Education, Govt. of Bihar, Patna. 3.

The District Magistrate, East Champaran, Moitihari. 4.

The District Education Officer, East Champaran, Moitihari. 5.

The District Programme Officer, Establishment, East Champaran, Moitihari. 6.

The Executive Officer, Panchayat Samiti, Dhaka, District- East Champaran. 7.

The Block Education Officer, Dhaka, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the State :

Mr. Standing Counsel 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2025 Heard learned counsel for the parties.

2. Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment passed by a Co-ordinate Bench of this Court in Chandra Shekhar Azad & Ors v. The State of Bihar & Ors in CWJC No. 8963 of 2018 dated 11.05.2018.

3. Learned counsel for the State submits that in terms of Chandra Shekhar Azad case, the petitioner may be directed to file a representation before District Programme Officer, Establishment, East Champaran, Motihari.

Patna High Court CWJC No.11152 of 2024(3) dt.07-04-2025 2/2

4. Having heard learned counsel for the parties and taking into consideration the submissions, the writ petition is disposed with a liberty to the petitioner to approach the Respondent No.5/The District Programme Officer, Establishment, East Champaran, Motihari by filing a representation within a period of three weeks, which shall be decided by Respondent No.5 within a period of ten weeks from the date of receipt of the representation.

5. If it is found that the case of the petitioner is covered by the Chandra Shekhar Azad (supra), then similar benefits shall be granted to the petitioner.

6. Respondent no. 5 shall be solely liable for noncompliance of this order within the stipulated period.

7. With the aforesaid observation and direction, the petition stands dispose of.

(Anjani Kumar Sharan, J) devendra/- U