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Patna High CourtCWJC/267/2014dismissed

Tarun Kumar Das v. The State Of Bihar And ORS

2015-02-03Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.127 of 2014 ===========================================================

1. Panchanand Sah Son F Late Duli Chand Sah Village- Sohadpur, P.O. + P.S.- Palasi, District- Araria .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Department Of Education, Government Of Bihar, Patna

3. The Director, Secondary Education, Department Of Education, Government Of Bihar, Buddh Marg, Patna

4. The Regional Deputy Director Of Education, Purnea Division, Purnea

5. The District Education Officer, Kishanganj

6. The District Program Officer (Establishment), Kishanganj .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 257 of 2014 ===========================================================

1. Mohammad Aiyaz Alam Son Of Late Shaikh Nazamuddin Resident Of Line Bazar Purnea, Near Abu Bakar Masjid, P.S. K. Hatt, District - Purnea .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Department Of Education, Government Of Bihar, Patna

3. The Director, Secondary Education, Department Of Education, Government Of Bihar, Buddh Marg, Patna

4. The Regional Deputy Director Of Education, Purnea Division, Purnea

5. The District Education Officer, Purnea

6. The District Program Officer ( Establishment ), Purnea .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 267 of 2014 ===========================================================

1. Tarun Kumar Das Son Of Muneshwar Prasad Das Resident Of Village - Mukuria, P.S. Azam Nagar, District - Katihar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Department Of Education, Government Of Bihar, Patna

3. The Director, Secondary Education, Department Of Education, Government Of Bihar, Buddh Marg, Patna

4. The Regional Deputy Director Of Education, Purnea Division, Purnea

5. The District Education Officer, Purnea

6. The District Program Officer ( Establishment ), Purnea .... .... Respondent/s ===========================================================

Patna High Court CWJC No.127 of 2014 dt.03-02-2015 2/2 Appearance :

(In CWJC No. 127 of 2014) For the Petitioner/s : Mr. MAYANK RUKHAIYAR For the Respondent/s : Mr. MANOJ PRIYADARSHI (In CWJC No. 257 of 2014) For the Petitioner/s : Mr. MAYANK RUKHAIYAR For the Respondent/s : Mr. Md. Irshad, AC to SC-18 (In CWJC No. 267 of 2014) For the Petitioner/s : Mr. MAYANK RUKHAIYAR For the Respondent/s : Mr. Avinash, AC to SC-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 03-02-2015 *************** 03.02.2015 Heard learned counsel for the parties.

Taking into consideration the decision rendered by the Hon'ble Apex Court, in the case of Rajasthan Pradesh Vaidya Samiti v. Union of India and in other analogous cases, reported in 2010 (12) SCC 609 and considering the fact that the petitioner is supposed to be holder of a so called B.Ed. degree from Hindi Sahitya Sammelan, Allahabad, it is no degree in the eye of law. If that is the law, which has been settled with regard to the status of the institution, which is not an educational institution, the decision, so rendered in relation to the petitioner, contained in Annexure-B, cannot be said to be either erroneous or illegal.

Writ application is dismissed, accordingly.

(Ajay Kumar Tripathi, J.) SKM/- U