Md. Fathul Bari And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14209 of 2016 ======================================================

1. Md. Fathul Bari son of Late Sk. Abdul Hafizuddin resident of village Raiyanpur, P.O. Mahinagar, P.S. Balia Belon, District Katihar At present posted at upgraded Middle School Bilaiti Bari, P.S. & Block Thakurganj, District Kishanganj.

2. Dilip Kumar Sah son of Late Asharfi Sah at & P.O. Shahpur, P.S. Gowalpara District Madhepura, At present posted at Upgraded Middle School, Kamati P.S. Gandharv Danga, Block Dighal Bank, District Kishanganj.

3. Nasim Akhtar Ansari son of Sirajuddin Ansari resident of Village + P.O. Haldi Khora, P.S. + Block Kochadhaman District Kishanganj, At present posted at Upgraded Middle School Guna Chaurasi P.S. + Block Bahadurganj, District Kishanganj.

4. Md. Junaid Alam son of Md. Yasin resident of Village Mohra, P.O. Modho, P.S. Kochandhaman, District Kishanganj, At present posted at Upgraded Middle School Mohra, P.S. + Block Kochadhaman, District Kishanganj.

5. Md. Nahid Perwez son of Ahauddin resident of Village Punas, P.O. Sontha, P.S. Kochadhaman, District Kishanganj, At present posted at Upgraded Middle School Bairagpur, P.S. + Block Kochadhaman, District Kishanganj.

6. Habibur Rahman son of Late Zamiruddin At Kanhaibari, P.O. Bishanpur, P.S. Kochadhaman, District Kishanganj at Present posted at Upgraded Middle School Kashi Bari Karbala P.S. + Block Kochadawan, District Kishanganj.

7. Ali Imam son of late Sarfuddin Ahmed resident of village + P.O. Haldikhora, P.S. Kochadhaman, District Kishanganj at present posted at Upgraded Middle School Chapra Bakhari, P.S. + Block Kochadhaman District Kishanganj.

8. Gautam Kumar son of Late Jagannath Prasad At Loharpatti, Ward no. 14, P.S. & District Kishanganj, At present posted at Upgraded Middle School Bala Nagar, P.S. + Block Kochadhaman District Kishanganj.

9. Md. Shyam Mahfooz son of Mozibur Rahman resident of village + P.O. Sontha, P.S. Kochadhaman District Kishanganj, At present posted at Upgraded Middle School Gargaon P.S. + Block Kochadhaman, District Kishanganj.

10. Md. Azim Arfi son of Late Abdul Jalil resident of village + P.O. Chhattargach, P.S. Pahar Katta, District Kishanganj, At present posted at Upgraded Middle School Mahsul Kathal Bari, P.S. + Block Pothia District Kishanganj.

11. Suresh Kumar Rai son of Late Raghubir Rai resident of village Kela Bagan, Dharamganj, Ward No. 11, P.S. & District Kishanganj, At present posted at Upgraded Middle School Ratua P.S. + Block Pothia District Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2.

The Commissioner-cum-Principal Secretary, Human Resources Development Department, State of Bihar, Patna.

Patna High Court CWJC No.14209 of 2016 (3) dt.03-10-2018 2/2

3. The Director, Primary Education, State of Bihar, Patna.

4. The District Programme Officer (Establishment), Kishanganj, District - Kishanganj.

5. The District Education Officer, Kishanganj, District - Kishanganj.

6. B.N. Mandal University, Madhepura, through its Registrar

7. Vice Chancellor, B.N. Mandal University, Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Qumrul Hoda For the Respondent/s : Mr. Subhash Chandra Mishra-Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-10-2018 Despite the matter being passed over earlier, the learned counsel for the State has failed to appear before this Court, however the learned counsel for the University is present and submits that the certificate granted by the University is not in dispute.

In view of the aforesaid, the present writ petition is disposed of with a direction to the respondents to grant promotion to the petitioners with all consequential benefits within a period of 60 days from today and in the event, any adverse report is submitted by the Vigilance, the respondents shall act in accordance with law after giving an opportunity of hearing to the petitioners herein.

(Mohit Kumar Shah, J) rinkee/RashidU