Patna High CourtCWJC/1475/2015dismissed

Shiv Shankar Pandit v. The State Of Bihar And ORS

2017-02-07Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1475 of 2015 ====================================================== Shiv Shankar Pandit Son of Ram Ekbal Pandit, Resident of villageBanpura, P.O. Banpura, P.S. Rasulpur, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development, New Secretariat, Patna.

2. The Director, Primary Education, H.R.D., New Secretariat, Patna.

3. The District Programme Officer, Saran at Chapra.

4. The Block Education Officer, Ekma-2, Saran.

5. The Block Development Officer, Ekma, Saran.

6. The Mukhiya, Gram Panchayat, Raj Banpura, Ekma, Saran.

7. The Panchayat Secretary, Gram Panchayat, Raj Banpura. Ekma, Saran.

8. The Head Master, Middle School, Sarao.

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

For the Petitioner/s : Mr. Dr. Alok Kumar Sinha For the Respondent/s : AC to SC - 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 07-02-2017 Heard Dr. Alok Kumar Sinha, learned counsel for the petitioner and learned AC to SC No. 25.

The petitioner , invoking writ jurisdiction of this Court under Article 226 of the Constitution of India , has made a prayer for directing the respondents to utilize his services as Shiksha Mitra since he was selected as Shiksha Mitra in the year 2005. It has been argued by learned counsel for the petitioner that due to village politics though petitioner was engaged as Shiksha Mitra he functioned only for thirty days and thereafter he was restrained from functioning. The petitioner thereafter filed several

Patna High Court CWJC No.1475 of 2015 (2) dt.07-02-2017 2/2 representation before the authority concerned including in Janta Darbar and in Janta Darbar some directions were issued to examine the matter.

The court is of the opinion that since on the cut- off date petitioner was not functioning as Shiksha Mitra, there is no question to consider the matter. It is already settled that the post of Shiksha Mitra has already been abolished long back and as such there is no question for directing to take services of the petitioner as Shiksha Mitra.

The writ petition stands dismissed.

(Rakesh Kumar, J) Praful/- U