Vinay Prasad And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16856 of 2014 ======================================================

1. Vinay Prasad son of late Janaki Prasad, resident of village + P.O.- Kumma, P.S.- Sursand, District- Sitamarhi

2. Chandrabhushan Prasad Singh, son of late Ram Bhajan Singh, resident of village- Saurbhaur, Post- Betaha, P.S.- Bela, DistrictSitamarhi

3. Ram Prasad Sah, son of Mishri Sah, resident of village- Mohari, Post- Kamrauli, P.S.- Tariyani, District- Sheohar ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna

3. The Director, (Secondary Education), Human Resources Development Department, Government of Bihar, Patna

4. The Principal Secretary, General Administration, Bihar, Patna

5. The Principal Secretary, Law Department-cum-Legal Remembrance, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ga4- Ashok Priyadarshi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-09-2018 Heard learned counsel for the petitioners and counsel appearing on behalf of the State.

Petitioners are aggrieved by non-consideration of the case of the petitioners against the vacancies for appointment of Assistant Teachers of Biology vide advertisement no. 01 of 1988. There are series of litigation for filling the vacancies in connection with advertisement No. 01 of 1988. Learned counsel for the petitioners submits that still vacancies are available for consideration of the case whereas the

Patna High Court CWJC No.16856 of 2014(2) dt.24-09-2018 2/2 counsel for the respondents submits that there is no post available for consideration of the case of the petitioners or any other candidate for appointment as Assistant Teacher. In view of the above, the writ petition is disposed of with liberty to the petitioners to file representation before the Director Secondary Education, who shall consider the representation of the petitioners and pass appropriate order on the representation within a maximum period of four months from the date of receipt/ production of a copy of this order. In the event any person juniors to the petitioners in the penal out of Advertisement No. 1/88 has been appointed ignoring the claim of the petitioners and there are existing vacancies, the claim of the petitioners may be considered by the respondent and appropriate direction be issued for accommodating of the petitioners, if any person junior to the petitioners have appointed.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) T.Kr./- U