Rabindra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.138 of 2022 ====================================================== 1.

Rabindra Kumar Sah Son of Ramchandra Prasad Sah Resident of Village Sahwbasa, P.O. Sarkanda, P.S. Isipur Barahat, District- Bhagalpur. 2.

Anil Kumar Das Son of Naresh Prasad Das Resident of Village Bakharpur, P.O. Bakharpur, P.S. Pirpainti, District Bhagalpur. 3.

Pradhan Soren Son of Bitka Soren Resident of Village Rajgaon, P.O. Barmasia, P.S. Isipur Barahat, District Bhagalpur. 4.

Pankaj Kumar Singh Son of Upendra Singh Resident of Village Madhura Simanpur, P.O. Dighi Simanpur, P.S. Isipur Barahat, District Bhagalpur. 5.

Ashok Kumar Mandal Son of Rambriksha Mandal Resident of Village Khanpur, P.O. Laxmipur, P.S. Pirpaiti, District Bhagalpur. 6.

Vijay Mandal Son of Late Lahru Mandal Resident of Village Athani, P.O. Parsuryampur, P.S. Pirpainti, District Bhagalpur. 7.

Munna Murmu Son of Jagn Murmu Resident of Village Jagarnathpur, P.O. Bhagaiya, P.S. Isipur Barahat, District Bhagalpur. 8.

Mohan Ram Son of Sri Hari Ram Resident of Village Kharwa, P.O. Khiri Bandha, P.S. Jagdishpur, District Bhagalpur.

9.

Ramesh Ranjan Singh Son of Late Ramdeo Singh Resident of Village and P.O. Parghari, P.S. Sabaur, District Bhagalpur. 10.

Savitri Kumari Wife of Sunil Kumar Sinha Resident of Village and P.O. Jahangira, P.S. Sultanganj, District Bhagalpur. 11.

Basant Lal Rajak Son of Gajadhar Rajak Resident of Village Kripanath Siongh Road, P.O. and P.S. Sultanganj, District Bhagalpur. 12.

Amar Kumar Mandal Son of Uday Narayan Mandal Resident of Village Biharipur, P.O. Bhatoriya, P.S. Nathnagar, District Bhagalpur. 13.

Rina Ray Wife of Vakil Mandal Resident of Village and P.O. Gaurachaki, P.S. Jagdishpur, District Bhagalpur.

14.

Madan Kumar Son of Mitabi Mandal Resident of Village Dobhi, P.O. Taur, P.S. Amranda, District Bhagalpur.

15.

Indradeo Mandal Son of Late Sitaram Manda Resident of Village Chak Suleman, P.O. Maheshpur, P.S. Sanhaula, District Bhagalpur. 16.

Rajhansh Tanti Son of Radhey Tanti Resident of Village Khajuria, P.O. Sinhan, P.S. Sanokhar, District Bhagalpur.

17.

Vina Kumari Wife of Sri Pradeep Kumar Resident of Village Rashulpur, P.O. Mahiyam, P.S. Sanhoula, District Bhagalpur.

18.

Vinay Kumar Paswan Son of Sri Yogendra Paswan Resident of Village Daudbat, P.O. Shahjadpur, P.S. Habibpur, District Bhagalpur. 19.

Rachna Rani Daughter of Suresh Prasad Chaurasia Resident of VillageDaudbat, P.O. Shahjadpur, P.S. Habibpur, District Bhagalpur. 20.

Bibi Nasrin Praveen D/o Md. Abdul Razzaque Resident at Salimpur, P.S. Nohiuddinpur, P.S. Jagdishpur, District Bhagalpur.

2/4 21.

Rajiv Kumar Ranjan Son of Madan Mohan Paswan Resident of VillageGayani Das Tola, P.O. Tintanga Diyara South, P.S. Rangra O.P., DistrictBhagalpur. 22.

Rajesh Kumar Roushan Son of Nand Kishore Sah Resident of Village Kutru Mandal Tola, P.O. Tintanga Diyara South, P.S. Rangra O.P., District Bhagalpur.

23.

Praveen Kumar Mandal Son of Mahendra Mandal Resident of Village Neema, P.O. Gourachokee, P.S. Jagdishpur, District Bhagalpur. 24.

Md. Tabrej Ahamad Son of Md. Shamshul Haque Resident of Village and P.O. Puraini, P.S. Jagdishpur, District Bhagalpur. 25.

Prabhash Kumar Das Son of Sri Anandi Prasad Das Resident of Village Jhalludas Tola Tinganga Diara, P.S. Rangra, District Bhagalpur. 26.

Sudhir Kumar Mishra Son of Sri Baidyanath Mishra Resident of Village Kalikapur, P.O. Nadiyama, P.S. Gorari, District Bhagalpur. 27.

Yogendra Das Son of Ganpati Das Resident of Village Muktapur, P.O. Nadiyama, P.S. Gorari, District Bhagalpur.

28.

Phani Bhushan Yadav Son of Sri Jagdish Yadav Resident of Village and P.O.- Agarpur, P.S.- Lodipur, District- Bhagalpur. 29.

Prakash Chaudhary Son of Anandi Chaudhary Resident of Village and P.O.- Agarpur, P.S.- Lodipur, District- Bhagalpur.

30.

Mala Kumari Daughter of Sri Suresh Pandit Resident of Village and P.O.- Agarpur, P.S.- Lodipur, District- Bhagalpur.

31.

Md. Ansar Alam Son of Md. Alimuddin Resident of Village- Daharpur, P.O.- Chakdariya, P.S.- Goradih, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

3.

The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna. 4.

The District Education Officer, Bhagalpur.

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

For the Petitioner/s :

Mr.Bipin Bihari Singh, Adv.

For the Respondent/s :

Mr.Kameshwar Kumar, G.P.17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 28-03-2024 Heard learned counsel for the petitioners and learned counsel for the respondents.

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2. This writ petition has been filed for issuance of writ of mandamus by commanding and directing the concerned authority for grant of equivalence of Lok Shikshak as Panchayat Shiksha Mitra whose services absorbed as Panchayat Teacher. Taking into consideration the right of equity made and manner in process of selection as well as the undertaking in C.W.J.C. No. 8097 of 2016 which was disposed of on 01.05.2019 simply the State being model employer cannot allow the petitioner to suffer a lot unreasonably and arbitrarily as well as the further prayer for similar treatment and consideration of their candidature in similar manner as Shiksha Mitra even removing the defects if any and for other necessary relief/reliefs to the basis of the facts and circumstances enumerated and discussed hereinafter.

3. In such view of the matter, this writ application is disposed of with a direction to the petitioners to file a fresh detailed representation before the Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna (respondent no.2) along with all supporting documents within a period of three months and the respondent no.2 is well advised to consider the case of the petitioners after affording opportunity of personal hearing or through their

4/4 counsel and pass a reasoned and speaking order in accordance with law within six months thereafter.

4. Needless to state that respondent no.2 shall be solely liable for non-compliance of this order within the stipulated period.

5. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioners.

(Anjani Kumar Sharan, J) Trivedi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.03.2024 Transmission Date NA