Sudhansu Kumar And ORS v. The State Of Bihar Through Sri R. K. Mahajan, The Principal Secretary, Education Department, Govern

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3538 of 2018 In Civil Writ Jurisdiction Case No.5774 of 2017 ====================================================== 1.

Sudhansu Kumar Son of Sri Suresh Prasad, Resident of Village and P.O. Soradih, P.S. Harnaut, District- Nalanda at Biharsharif. 2.

Raj Narain Singh, Son of Late Janardan Prasad Singh, Resident of VillageMadhopur Garh, P.O. Madhopur, P.S. Chandi, District- Nalanda at Biharsharif.

3.

Sanjay Kumar, Son of Sri Surendra Prasad, Resident of Village- Chakka Khara, P.O. Sohsarai, P.S. Noorsarai, District- Nalanda at Biharsharif. 4.

Mukesh Kumar, Son of Sri Motilal Priyadarshi, Resident of VillageKariyawan, P.O.- Bhatahar, P.S. Tharthari, District- Nalanda at Biharsharif. 5.

Md. Sarwar Hussain, Son of Md. Sagiruddin, Resident of Mohalla- Bajitpur, P.O. and P.S. Barh, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Sri R. K. Mahajan, The Principal Secretary, Education Department, Govern 2.

Sri Rajiv Prasad Singh Ranjan, Son of not known to the petitioner presently posted as the Director, 3.

Sri Manoj Kumar, Son of not known to the petitioner presently posted as the District Education Officer 4.

Sri Arenjay Kumar, Son of not known to the petitioner presently posted as the District Program Officer 5.

Sri Rakesh Kumar, Son of not known to the petitioner presently posted as the Deputy Development Com ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anita Kumari For the Opposite Party/s :

Smt. Shilpa Singh - Ga 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-03-2020 Noticing the explanation furnished by the opposite parties in the show cause, the Court is of the view that there is no deliberate and willful disobedience of the direction issued by

Patna High Court MJC No.3538 of 2018(6) dt.04-03-2020 2/3 this Court.

Learned counsel for the petitioners submits that the respondents have not considered the case of the petitioners no. 1 & 2 on the ground that no person below in the merit list has been considered for appointment. Although, there is direction of this Court with regard to validity of the degree obtained from Algappa University.

The claim of the petitioners has not been defeated on the ground that the petitioners has obtained the degree from Algappa University. The stand of the opposite parties is that no person below in the merit list has been appointed. Mr. S.B.K. Manglam would admit that there is no direction about the appointment against the vacancy. In the aforesaid circumstances, the present proceeding is dropped. The application is disposed of with a liberty to the petitioners to approach the competent authority for taking appropriate decision with regard to filling of the unfilled vacancy on the post of Librarian.

With the aforesaid, the present application stands disposed of.

In the event, the petitioners file representation, raising grievance as to the availability of post, the competent authority

Patna High Court MJC No.3538 of 2018(6) dt.04-03-2020 3/3 will take appropriate decision at the earliest, preferably within a period of four months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) Ravi/- U