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Patna High CourtL.P.A/1720/2014dismissed

Ram Ekbal Rai And ORS v. The State Of Bihar And ORS

2017-06-22Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1720 of 2014 Arising out of Civil Writ Jurisdiction Case No. 2786 of 2011 ===========================================================

1. Ram Ekbal Rai Son of Late Sukhdev Rai, Resident of Village Mohammadpur, Post - Koiriya Nijamat (Paru), P.S. - Paru, District - Muzaffarpur, presently posted as Headmaster, Government Basic School Bedauli, Post- Lal Gunj, P.S. Lal Ganj, District - Vaishali

2. Indradev Prasad Son of Late Hemant Singh, Resident of Village - Chintamanipur, Post - Madarna, P.S. & District - Vaishali, presently posted as Govt. Basic School Barahrup, Vaishali, Post - Barispur, P.S. Bhagwanpur, District - Vaishali

3. Ashok Kumar Thakur, Son of Late Rajeshwar Thakur, Resident of Village - Kolhanta, Post Patori Basant, P.S. Moro, Block - Hanuman Nagar, District - Darbhanga, presently posted as Head Master ,Govt. Basic School, Post & P.S. Moro, District - Darbhanga

4. Radha Raman Dinesh Son of Late Yugal Singh, Resident of Village Phuswar, P.S. Bibhutipur, District Samastipur presently posted as Head Master, Govt. Basic School, Salakhni, Dalsingsarai, P.S. Dalsingsarai, District - Samastipur

5. Yogendra Jha, Son of Late Basudev Jha, Resident of Village & Post- Thahra Gopalpur, P.S. Pusa, District Samastipur, presently posted as Head Master, Govt. Basic School, Bardiha Turki, P.S. Patepur, District - Vaishali .... .... Petitioner / Appellant

Versus

1. The State of Bihar through Principal Secretary, Human Resource Development Department, Govt. of Bihar, Patna

2. The Director, Primary Education, Human Resource Development Department, Govt. of Bihar, Patna

3. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur

4. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga

5. District Education Officer, Vaishali

6. District Education Officer, Muzaffarpur

7. District Education Officer, Darbhanga

8. Deputy Director, Primary Education, Govt. of Bihar, Patna

9. Kishore Kumar, son of late Keshri Narayan Mahto, resident of Village & P.O. Kawadpur, P.S. Suryagarha, District Lakhisarai. .... .... Respondents / Respondents =========================================================== Appearance:

For the Appellant/s : Mr. Tej Bahadur Singh, Sr. Advocate and Mr. Brisketu Sharan Pandey, Advocate.

For the Respondent/s : Mr. Alok Ranjan, AC to GA 6. =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI)

Patna High Court LPA No.1720 of 2014 dt.22-06-2017 2/2 Date: 22-06-2017 Law is well settled on the issue which has been upheld right up to the Hon'ble Apex Court. This aspect has also been taken note of by the learned Single Judge, against whose order the present appeal has been preferred.

Since the position with regard to the validity of the degree of Sahitya Alankar has already been adjudicate and declared that it is no degree in the eye of law, no benefit much less any promotion etc. could have been earned with such a degree. The order of the learned Single Judge dated 12.09.2014 suffers from no infirmity. The appeal is dismissed. (Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.06.2017 Transmission Date N/A