Nityanand Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13516 of 2015 ====================================================== 1.

Nityanand Kumar S/o Shiv Shankar Thakur, Niyamit Teacher, Utkramit Madhya Vidyalaya, Jamanbigha, Prakhand- Jehanabad, Village- Sherthuwa, P.O.- Ginji, P.S. Ghosi, Prakhand- Hulasganj, District- Jehanabad 2.

Ram Pravesh Prasad, S/o Late Chandrashekhar Prasad, Niyamit Teacher, Utkramit Madhya Vidyalaya, Khakhaura Ratmo Faridpur, Jehanabad, Village- Matukchak, P.O.- Awgila P.S. Paras Bigha, District- Jehanabad 3.

Surendra Prasad, S/o Upendra Prasad, Niyamit Teacher, Utkramit Madhya Vidyalaya, Sikandarpur, Ratni Faridpur, Jehanabad, Village- Lakhisarai, P.O.- Malarhi, P.S. Ghosi, District- Jehanabad 4.

Yogendra Sharma, S/o Manogi Sharma, Niyamit Teacher, Adarsh Madhya Vidyalaya, Dhopi, P.S.- Sherghua, P.O. Ginji, P.S.- Dhopi, Distt- Jehanabad 5.

Kamendra Prasad, S/o Late Shivnandan Prasad, Niyamit Teacher, Madhya Vidyalaya, Marhauna, Kako, Village- Golhabigha, P.O. Hatti, P.S. Kako, District- Jehanabad 6.

Satyendra Narayan Singh, S/o Ram Pravesh Singh, Niyamit Teacher, Rajkiya Madhya Vidyalaya, Kagi, Daulatpur, Kako, Village- Bistal, P.O.- Kumhawa, Distt- Jehanabad 7.

Pramod Kumar S/o Shri Ram Pariksha Sharma, Niyamit Teacher, Utkramit Madhya Vidyalaya, Rasulpur, Kako, Village- Derhsaiya, P.O.- Hatti, P.S. Kako, District- Jehanabad 8.

Uday Prasad, S/o Shivnandan Prasad, Niyamit Teacher, Utkramit Madhya Vidyalaya, Tiwaibigha, Village- Barki Bamanpur, P.O.- Lakhawar, P.S. Ghoshi, District- Jehanabad 9.

Dilip Kumar S/o Late Ram Prasad Sao, Niyamit Teacher, Utkramit Madhya Vidyalaya, Parasbigha, Jehanabad, Village P.O. Horilganj, Distt- Jehanabad 10.

Surendra Pandit S/o Ramkhelawan Pandit, Niyamit Teacher, Utkramit Madhya Vidyalaya, Rasalpur, Kako, Village- Deoghara, P.O. Dhangawan, District- Jehanabad 11.

Neelam Kumari D/o Sarwa Singh, Niyamit Teacher, Utkramit Madhya Vidyalaya, Afjalpur, Kako, Village- Parasbigha, P.O. Kako, Distt- Jehanabad 12.

Najia Anjum D/o Abdul Hafij, Niyamit Teacher, Utkramit Urdu Kanya Madhya Vidyalaya, Jehanabhad, Village P.O. Jehanabad, District- Jehanabad 13.

Sultana Khatoon, D/o Saiyad Ali Ahmed, Urdu Prathmik Vidyalaya, Kajipur Tali, Jehanabad, Village- Jehanabad, Distt- Jehanabad 14.

Uday Kumar S/o Gobind Raut, Niyamit Teacher, Rajkiya Madhya Vidyalaya, Kajisahai, VIllage- Dehuni, P.O. Golakpur, Ghoshi, DisttJehanabad 15.

Shri Kumari D/o Deodip Singh, Niyamit Teacher, Utkramit Madhya Vidyalaya, Bedauli, Ratni, FAridpur, Village- Pokhyan, Prakhand- Ratni, Faridpur, District- Jehanabad 16.

Alakh Niranjan S/o Ramayan Pandit, Niyamit Teacher, Utkramit Madhya Vidyalaya, Bibipur Hindi, Kako, Distt- Jehanabad, Village- Sikaria, P.O.

2/4 Vawar Sikaria, District- Jehanabad ... ... Petitioner/s

Versus

1.

The State Of Bihar through the D.M Patna.

2.

The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 3.

The Joint Secretary, Education Department, Govt. of Bihar, Patna 4.

The Director, Secondary Education, Govt. of Bihar, Patna 5.

The Director, Research and Training, Govt. of Bihar, Patna 6.

The Secretary, Bihar School Examination Board, Patna 7.

The District Education Officer, Jehanabad.

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

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Advocate For the State :

Mr. Md. Irshad, AC to SC-1 For the BSEB (Respondent no.6) :

Mr. Sunil Kumar Mandal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-02-2024

1. Heard learned counsel for the parties.

2. The petitioners have filed the instant application for the following relief(s):- "1. That this is an application for quashing of the order contained in letter No.782, dated 10.7.2015 issued by the Respondent No.2 and order of the Joint Secretary dated 21/5/2014 and follow up order of District Programme Officer(Establishment), Jehanabad dated 20/8/2015 in the name of petitioners by giving separate memos calling upon the petitioners to explain as to certificate issued by the Bihar School Examination Board of Siddharth Primary Teachers Training College, Jehanabad has to be declared as not acceptable and therefore file reply to that on or before 28/8/2015 and further issue writ of mandamus or any

3/4 appropriate writ which is dealt to be suitable and applicable in the facts of the present case directing the respondents not to interfere with the services of the petitioners.

AND/OR Pass such other order/orders which may appear fit and proper.

A copy of the aforesaid orders dated 10.7.2015 and order dated 21/5/2014 are annexed as ANNEXURE-1 & 1/A and copies of the letters/orders dated 20/8/2015 issued to the petitioners by the District Education Officer, Jehanabad is annexed as ANNEXURE-2 Series to this writ application."

3. Learned counsel for the petitioners submits that as per instructions received, the grievance of the petitioners having been redressed during pendency of the instant application, he may be permitted to withdraw this application.

4. Learned counsel for the respondent nos. 2 to 4 and 7 submits that the cost of Rs. 5,000/- imposed vide order dated 4.1.2024 could not be deposited in view of the time fixed therein having passed. Let the respondent nos.2 to 4 and 7 deposit the cost of Rs.5,000/- with the Patna High Court Legal Services Committee within a period of four weeks and file a receipt in the instant case.

5. In view of the above submission made by learned

4/4 counsel for the petitioners, this application is disposed of as withdrawn.

(Partha Sarthy, J) Shiv/- U