Md. Ejaz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14757 of 2019 ====================================================== 1.
Md. Ejaz Alam S/o Late Md. Zeyaullah Resident of East Anwarpur,Near Masjid,Hajipur,PS Nagar Thana,Dist.Vaishali 2.
Himanshu Shekhar S/o Late Mathura Prasad Yadav Resident of Village Digghi Khurd,PS Sadar Thana Hajipur,Dist.Vaishali 3.
Manish Kumar Singh S/o Late Jaynendra Kumar Singh, Resident of Village Majlishpur,Alipur Hatta,PS Mahnar,Dist.Vaishali 4.
Mithilesh Kumar Ray S/o Late Gajendra Prasad Singh Resident of Village Rajapakar,PO Rajapakar,Dist.Vaishali 5.
Rajiv Kumar S/o Late Baleshwar Choudhary, Resident of Village Daulatpur,PO Shubhai,Block Hajipur,PS Sadar Thana,Hajipur,Dist.Vaishali. 6.
Saket Kumar S/o Late Mahesh Kumar Resident of Village Chakia,PS Patedhi Belsar,Dist.Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Principal Secretary, Education Department,Govt. of Bihar,Patna 3.
The Director, Primary Education, Govt. of Bihar,Patna 4.
The Joint Secretary, Education Department,Govt. of Bihar,Patna 5.
The District Magistrate, Vaishali 6.
The Special Secretary, Education Department,Govt. of Bihar,Patna 7.
The District Education Officer, Hajipur at Vaishali 8.
The District Programme Officer(Est.), Hajipur at Vaishali. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Advocate Mr. Sanjay Prakash Verma, Advocate For the Respondent/s :
Mr. Jitendra Kumar Roy-1, SC-13 Mr. U.K. Singh, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-04-2025
1. Heard learned counsel for the petitioners and learned AC to SC-13 for the State.
2. Learned counsel for the petitioners submits that the case was taken up on 25.07.2019 and was directed to be listed along with C.W.J.C. No. 10286 of 2019 (Anil Kumar & Ors. Vs.
2/4 The State of Bihar & Ors.). It is further submitted that C.W.J.C. No. 10286 of 2019 was taken up on 22.11.2019 and was directed to be listed after disposal of C.W.J.C. No. 15626 of 2019 (Chandra Shekhar Azad & Ors. Vs. The State of Bihar & Ors.). It is next submitted that C.W.J.C. No. 15626 of 2019 was allowed by an order dated 14.09.2020. It is also submitted that C.W.J.C. No. 10286 of 2019 was taken up on 17.04.2025 and was disposed of in terms of the order dated 14.09.2020 in C.W.J.C. No. 15626 of 2019.
3. Learned counsel for the petitioners, thus, submits that petitioners would be satisfied, if the instant writ application is also disposed of in terms of the order dated 17.04.2025 in C.W.J.C. No. 10286 of 2019.
4. Learned counsel appearing on behalf of the State does not dispute the said submissions made by the learned counsel appearing on behalf of the petitioners but then submits that petitioners will have to file a representation in terms of the order dated 14.09.2020 in C.W.J.C. No. 15626 of 2019 before the District Education Officer, Vaishali at Hajipur and the District Education Officer, Vaishali at Hajipur will examine as to whether the case of the petitioners is akin to what was decided by an order dated 14.09.2020 in C.W.J.C. No. 15626 of
3/4 2019.
5. The learned counsel for the petitioners does not object to the said submission made by the learned counsel appearing on behalf of the State.
6. Without going into the merits of the case, the writ application is disposed of in terms of the order dated 14.09.2020 in C.W.J.C. No. 15626 of 2019 with liberty to the petitioners to file a representation before the concerned District Education Officer, Vaishali at Hajipur in terms of the order dated 14.09.2020 in C.W.J.C. No. 15626 of 2019 on or before 02.05.2025, in the event, if any representation is filed by the petitioners before the District Education Officer, Vaishali at Hajipur on or before 02.05.2025, the District Education Officer, Vaishali at Hajipur shall examine the same within a period of one month thereafter and if it is found that the case of the petitioners is covered by order dated 14.09.2020 in C.W.J.C. No.
15626 of 2019, in that event, the same treatment shall be accorded to the petitioners within a period of fifteen days from the date the decision is taken by the District Education Officer, Vaishali at Hajipur but if it is found that the case of the petitioners is not covered by the order dated 14.09.2020 in C.W.J.C. No.
4/4 Vaishali at Hajipur shall pass a speaking order within the aforesaid period.
(Satyavrat Verma, J) Kundan/- U