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Patna High CourtCWJC/2259/2016disposed

Bindu Kumari v. The State Of Bihar And ORS

2017-12-20Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2259 of 2016 =========================================================== Bindu Kumari, wife of Manjay Kumar, resident of Village- Karhari, Gram Panchayat- Budhwara, Post- Sughari, Police Station- Gobindpur, District- Nawada, Pin- 805126.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

3. The Director, Integrated Child Development Scheme, Government of Bihar, Patna.

4. The District Magistrate, Nawada.

5. The District Programme Officer, Nawada.

6. The Child Development Project Officer, Gobindpur, District- Nawada.

7. Usha Kumari Daughter of Shri Sahdeo Prasad, wife of Shashi Bhushan Prasad, resident of Village- Karhari, Post- Sughari, Police Station- Gobindpur, DistrictNawada, Pin- 805126.

8. Secretary, Bihar Sanskrit Shiksha Board, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar, Adv. Mr. Pranav Kumar, Adv.

For the Respondent/s : Mr. Anisul Haque, AC to AAG-5 For the Board : Mr. S.S.Sundaram, Adv. For respondent no.7 : Mr. Sunil Kumar Sharma, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 20-12-2017 Heard learned counsel for the parties.

It is unfortunate that the issue of genuineness of the educational qualification possessed by the respondent no.7 though was raised by this petitioner before the District Programme Officer, Nawadah through Case No. 182 (Misc.)/2013 and on his failure to discharge his obligation, before the District Magistrate, Nawadah in Case No. 19(M)/2014 and since even after two years, the matter remained pending that he has come before this Court in February, 2016 raising this very grievance, but neither the District Programme

Patna High Court CWJC No.2259 of 2016 dt.20-12-2017 Officer, Nawadah has the shame to yet discharge the obligation nor the District Magistrate, Nawadah bothered to discharge his statutory duty under the guidelines.

As I have said, unfortunate state of affairs prevails with the authorities discharging statutory obligations who have paucity of time for their statutory discharge.

Be that as it may, since the matter has already reached the District Magistrate, Nawadah in Case no. 19(M)/2014, I hereby direct the District Magistrate, Nawadah to consider the same and dispose of the matter in accordance with law within a period of four weeks from today, with opportunity of hearing to the contesting parties. Mr. Alok Kumar, representing the petitioner and Mr. Sunil Kumar Sharma, representing respondent no.7, would accordingly advise their respective parties whom they represent, to present themselves before the District Magistrate, Nawadah on 2nd January, 2018 and when he shall proceed to dispose of the matter as per the stipulations above.

The writ petition is disposed of with the directions aforementioned.

(Jyoti Saran, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date29.12.2017 Transmission Date NA