Kumkum Kumari And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Review No.374 of 2018 ======================================================
1. Kumkum Kumari, wife of Kumar Om Prakash, Resident of Village/Mohalla- Bhelawar, post office- Tezbigha, Police Station- Kako, District- Jehanabad, presently posted as Head Mistress, Middle School, Bhelawar, District- Jehanabad
2. Sanat Kumar, son of Surendra Prasad Sinha, Resident of VillageKundwaper, Post Office- Ekangardih, Police Station- Ekangarsarai, DistrictNalanda, Pin- 801301, presently posted as Head Master, Middle School, Mandil, Jehanabad, Pin Code- 801301
3. Pravin Kumar Singh, son of Late Kamal Kishore Singh, Resident of Village/Mohalla- Rajabajar, Hanuman Nagar, Gali No. 2, Jehanabad, presently posted as Head Master, Middle School, Hati, Kako, Jehanabad, Pin Code- 804408.
4. Rajesh Kumar, son of Late Surendra Kumar Sinha, resident of Village/Mohalla- Visunganj, Post- Jehanabad, Police Station- Jehanabad, District- Jehanabad, presently posted as Head Master, Upgraded Midle School, Thana Bigha (Modanganj), Jehanabad, Pin Code- 804408
5. Shashi Ranjan Kumar, son of Ramanugrah Narayan Singh, Resident of Village/Mohalla- Nauru, Post Office- Nauru, Police Station- Jehanabad, Pin Code- 804408 presently posted as Head Master, Upgraded Middle School, Isebigha, Jehanabad, Pin Code- 804408
6. Jitendra Kumar Singh, son of Late Prasidh Narayan Singh, Resident of Village/Mohalla- Tiwary Bigha, Post Office- Sakari Chowki, Police StationArwal, District- Arwal, Pin Code- 804401, presently posted as Head Master, Upgraded Middle School, Mahadeo Bigha, Ratnifarid Pur, Jehanabad, Pin Code- 804408
7. Niraj Kumar, son of Yadunandan Paswan, Resident of Village/ MohallaThanabigha, Post Office- Arhit Daulatpur, Police Station- Ghosi, DistrictJehanabad, Pin Code- 804432, presently posted as Head Master, Upgraded Middle School, Mogal Bigha (Kako), District- Jehanabad, Pin Code- 804408
8. Jai Prakash Narayan, son of Sri Rupdeo Singh, Resident of Village/ Mohalla- Mahariya, Post Office- Nagla Kinjar, Police Station- Iinjar, DistrictArwal, Pin Code- 804423, presently posted as Head Master, Upgraded Middle School, Ismailpur, Jehanabad, Pin Code- 804408
9. Gopal Krishna Yadav, son of Baleshwar Kant, Resident of Village/ Mohalla- Khajurbana, Post Office- Ratni Bajar, Police Station Shakurabad, District- Jehanabad, Pin Code- 804421, presently posted as Head Master, Upgraded Middle School, Gandhar, Modanganj, District- Jehanabad, Pin Code- 804408
10. Prabha Shankar, son of Late Ramvinay Prasad, Resident of Village/Mohalla- Shahar Telpa, Post Office- Shar Telpa, Police Station- Karpi, District- Arwal, presently posted as Head Master, Upgraded Middle School, Tardwa, Modanganj, Jehanabad.
11. Om Prakash Prasad, son of Late Charitar Mistry, Resident of Village/Mohalla- Nawada, Post Office- Tilkai, Police Station- Kakhdumpur, District- Jehanabad, presently posted as Head Master, Upgraded Midle School, Parshurampur, Jehanabad
12. Nand Kumar, son of Late Suresh Singh, Resident of Village/MohallaSatsang Nagar Post Office- Jehanabad, Police Station- Jehanabad, District-
2/4 Jehanabad, presently posted as Head Master, Upgraded Middle School, Ginji, Hulasganj, Jehanabad
13. Shahid Ekbal, son of Md. Muslim, Resident of Village/MohallaSheikhalam Chak, Post Office- Jehanabad, Police Station- Jehanabad, Pin Code- 804408, presently posted as Head Master, Upgraded Midle School, Amthua, Kako, Jehanabad.
14. Pramod Kumar, son of Shri Ram Naresh Prasad, resident of Village/Mohalla- Gandhi Mandir, Hospital Road, Jehanabad, Post Jehanabad, Police Station- Jehanabad, District- Jehanabad, presently posted as Head Master, Upgraded Middle School, Imalia Balak Kako, District- Jehanabad
15. Vidyanand Sharma, son of Late Akhileshwar Singh, Resident of VillageBhaikh, Post Office- Bhaikh, police station- Makhdumpur, DistrictJehanabad, presently posted as Head Master, Kanya Middle School, Tehta, Makhdumpur, Jehanabad, Pin Code- 804405
16. Md. Azhar Hussain, son of Late Md. Jantailor, Resident of Village/Mohalla- Shakurabad, Post Office- Shakurabad, Police StationJehanabad, District- Jehanabad, presently posted as Head Master, Upgraded Middle School, Deokuli, Makhdumpur, Jehanabad.
17. Indu Kumari, wife of Raju Prasad Gupta, Resident of Village/MohallaPanch Mahalla Post Office- Jehanabad, police station- Jehanabad, DistrictJehanabad, Pin Code- 804408, presently posted as Head Master, Upgraded Middle School, Nauru, Jehanabad
18. Md. Ashraf Shahab, son of Md. Shahabuddin, Resident of Village/Mohalla- Ikkil Tordha, Post Office- Kurtha Bazar, Police StationMakhdumpur, District- Jehanabad, presently posted as Head Master, Upgraded Middle School, Chiksaura, Ratani Faridpur, Jehanabad.
19. Faiz Akhtar, son of Qayam Akhtar, Resident of Village/MohallaKhutbachak (Ram Nagar) Post Office- Jehanabad, Police Station- Jehanabad, District- Jehanabad, presently posted as Head Master, Upgraded Middle School, Chandaura, Kako, Jehanabad ... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Department of Education, Government of Bihar, Patna
2. The Principal Secretary, Department of Education, Government of Bihar, Patna
3. The Director, Primary Education, Bihar, Patna
4. The Regional Deputy Director, Magadh Division, Gaya
5. The District Magistrate, Jehanabad
6. The District Education Officer-cum-Chairman, District Elementary Teacher Promotion Committee, Jehanabad
7. The District Programme Officer (Estd.) Jehanabad
8. The Block Education Officer, Jehanabad, Anchal Faridpur, Kako, DistrictJehanabad
9. The Block Education Officer, Kako Anchal, District- Jehanabad
10. The Block Education Officer, Makhdumpur Anchal, District- Jehanabad
11. The Block Education Officer, Ratni Faridpur Anchal, District- Jehanabad
12. The Block Education Officer, Ghosi Anchal, District- Jehanabad
13. The Block Education Officer, Hulasganj Anchal, District- Jehanabad
14. The Block Education Officer, Madanganj Anchal, District- Jehanabad
3/4
15. Subhash Ram, son of Late Ganauri Ram, Resident of Village/MohallaDaudpur, Post Office_Police Station- Massaurhi, District- Patna Pin-804452, presently posted as Head Master Middle School, Kinari, Post OfficeSalarpur, Police Station_District- Jehanabad
16. Shambhu Kumar, son of Late Chhotan Ram, Resident of Village/MohallaLodipur, Post Office+Police Station- Hulasganj, District- Jehanabad, presently posted as Head Master, Middle School, Sensamha, Post OfficeSensamha, Police Station- Shakurabad, C.O.- Ratni Faridpur, DistrictJehanabad
17. Dr. Aalakhdeo Ravidas, son of Late Vitan Ravidas, Resident of Village/Mohalla- Gautambudh Colony, Nizamuddinpur, Post Office+Police Station+District= Jehanabad, presently posted as Head Master, Middle School, Sulemanpur, Post Office- Kazisar, Police Station- Kako DistrictJehanabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kishore Kumar Thakur, Advocate Mr. Kumar Chandra Shekhar, Advocate For the Opposite Party/s :
Mr. Amarendra Kumar, A.C. to AAG- 15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 23-01-2019 Re: I.A. No. 6702 of 2018 Heard learned counsel for the petitioners and learned counsel representing the State.
I.A. No. 6702 of 2018 has been preferred seeking condonation of delay of 148 days in filing of the Review Application.
We have gone through the reasons stated in the Interlocutory Application and for the reasons stated therein, we are inclined to condone the delay. I.A. No. 6702 of 2018 is allowed.
4/4 Re: Civil Review No. 374 of 2018 With the consent of the parties we have heard the Review Application.
In course of argument, it appears that the Hon'ble Division Bench while disposing of the Letters Patent Appeal has made it clear in the last paragraph that this Court had passed the order only on the ground that the order as contained in Annexure-3 dated 11.04.2017 was not challenged by anybody. The Court also made it clear that in case the same is challenged or any order passed, the State shall be free to proceed in accordance with law.
Learned counsel for the petitioners submits that he would seek recourse to the remedy available to him under law. In the aforesaid view of the matter, the Civil Review Application is dismissed.
(Amreshwar Pratap Sahi, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- U