Arshad Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1298 of 2016 ====================================================== Arshad Khan Son of Late Md. Sahabuddin Khan, Resident of Mohalla - Khan Saheb Ki Deorhi, P.S. - Laheriasarai, District - Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, New Secretariat, Patna.

2. Lalit Narayan Mithila University, Darbhanga Through its Registrar.

3. The Vice Chancellor, L.N.M. University, Darbhanga.

4. Dr. Zakir Hussain Teachers Training College, Laheriasarai, Darbhanga, Bihar Through its Secretary.

5. Principal Zakir Hussain Teachers Training College, Laheriasarai, Darbhanga, Bihar.

6. The Board of Trustees of Shafi Muslim High School, Laheria Sarai, Darbhanga through its Chairman.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar Shukla, Advocate For the State :

Mr. Alka Verma, AC to SC 17 For L.N.M.University :

Mr. Ajay Behari Sinha, Advocate Mr. Neeraj Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Mr. Ravindra Kumar Shukla, learned counsel for the petitioner submits that in CWJC No. 3801 of 2013 a co-ordinate Bench of this Court has considered the scheme of allotment of fund under Vit Rahit Shiksha Niti and constitution of Appellate Tribunal under the Bihar State School Teachers and Employees Dispute Redressal Rules, 2013, the Court in order to resolve the controversy raised with regard to use, abuse and misuse of the fund allocated by the State Government under the Vit Rahit

Patna High Court CWJC No.1298 of 2016(2) dt.20-02-2018 2/2 Shiksha Niti, has relegated the parties to Appellate Authority constituted under the Bihar State School Teachers and Employees Dispute Redressal Rules, 2013.

In view of the above, instead of keeping the matter pending, the writ petition is disposed of with liberty to the petitioner to approach the appellate authority constituted under the notification No. 1880 dated 20th of December, 2013. In case the petitioner files appeal before the Appellate Authority within one month from today along with a copy of this order, the appellate authority is required to condone the delay in filing the appeal in view of the fact that the writ petition filed by the petitioner remained pending before this Court since 18.1.2016. The appellate authority is required to dispose of the appeal in accordance with law expeditiously.

With the aforesaid the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U