Mithun Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12804 of 2023 ====================================================== Mithun Anand Son of Late Brahmanand Mandal @ Brahma Nand Mandal, Resident of village- Maratipur ward no. - 04, P.O. and P.S. - Kursakanta District - Araria.

... ... Petitioner/s

Versus

1 .

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

The Secretary cum Commissioner, Human Resource Development Department, Patna, Bihar.

3 .

The Regional Deputy Director of Education (RDDE) Purnia District - Purnia 4.

The District Magistrate Araria, District - Araria 5 .

The District Education Officer Araria, District - Araria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Ziaul Quamar , Advocate For the Respondent/s :

Mr. Madhaw Pd. Yadaw (Gp23) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-12-2024 Heard learned counsel for the parties.

2. This writ application has been filed for directing the respondent No. 4, the District Magistrate Araria to appoint the petitioner on the post of regular assistant teacher in the light of Mukesh & anr. v/s the State of Bihar & ors :(2017) 5 SCC 383 . 3 . The learned counsel for the petitioner submits that the present case is squarely covered by a judgment rendered by the Hon'ble Apex Court in the case of Mukesh & Anr Vs. State of Bihar & Ors., reported in (2017) 5 SCC 383 .

4. The learned counsel for the respondents submits that the case of the petitioner shall be examined by the

Patna High Court CWJC No.12804 of 2023(2) dt.10-12-2024 2/2 Respondent No. 4 , the District Magistrate Araria and in case , the case of the petitioner is found similar to that of Mukesh & Anr (supra), necessary relief would be granted. 5 . Having regard to the submissions made by the learned counsels for the parties the present writ petition is disposed of with a direction to the petitioner to file detailed representation before the Respondent No. 4, the District Magistrate Araria within a period of four weeks from today and the Respondent No. 4, the District Magistrate Araria shall consider the case of the petitioner in light of the judgment rendered by the Hon'ble Apex Court in the case of Mukesh & Anr ( supra) and pass necessary orders in accordance with law within a period of three months rom the date of filing of such representation .

(Prabhat Kumar Singh, J) Koushik/- U