Mala Kumari And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4539 of 2013 ======================================================

1. Mala Kumari Wife Of Ram Chandra Chaudhary Resident Of Village - Baidnathpur, P.S. Rosera, District - Samastipur

2. Lata Kumari Daughter Of Bhuneshwar Chaudhary, Wife Of Santosh Kumar Chaudhary Resident Of Village Kolhanta Patori, P.S. Moro Basuara, District - Darbhanga

3. Manoj Kumar Sah Son Of Late Upendra Sah Resident Of Mahendrapur, P.S. Nayagaon, District - Begusarai

4. Poonam Devi Wife Of Kari Yadav Resident Of Village Rohna, P.S. Rosara, District - Samastipur .... .... Petitioners

Versus

1. The State Of Bihar Through The Principal Secretary, Department Of Education, Govt. Of Bihar, Patna

2. The State Education Project Council Through The State Project Director, Siksha Bhawan, Rastrabhasa Council Campus, Saidpur, Rajendra Nagar, Patna

3. The State Project Director, Siksha Bhawan Rastra Bhasa Council Campus, Saidpur, Rajendra Nagar, Patna

4. District Magistrate Cum Chairman, Bihar Education Project, Samastipur

5. District Superintendent Of Education Cum District Programme Officer, Sarv Siksha Abhiyan, Samastipur

6. Sub Divisional Officer, Rosara, Samastipur

7. Block Education Officer, Block Rosara, Samastipur

8. Head Master Rajkiya Lalit Madhya Vidyalaya, Thatia, Block And P.O. Rosara, District Samastipur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Parasmani For the Respondent/s : Mr. Manish Kumar, GP-4 For Respondent No.2&3 : Mr. Girijesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-08-2017 The petitioners were engaged on the post of a Teacher, in Kasturba Gandhi Balika Vidyalaya, Thatia, District-Samastipur, under the Scheme by the N.G.O. for a period of one year. The engagement made by the N.G.O. is not amenable to the writ jurisdiction, as such the N.G.O. is not an instrumentality of the

Patna High Court CWJC No.4539 of 2013 (2) dt.29-08-2017 2/2 State within the meaning of Article-12 of the Constitution of India. The services of the petitioners were on contractual basis. No statutory right had passed in favour of the petitioners. The petitioners, if so advised, may approach to the Civil Court, for redressal of their grievances.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Amit/- U