Rakesh Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16319 of 2016 ====================================================== Rakesh Kumar and Anr Son of Sri Rajendra Prasad Singh Resident of village - Mahisour, Police Station Jandaha, District - Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Education Department, Government of Bihar, New Secretariat Bikas Bhawan 3.

The Director, Primary Education Department, Government of Bihar, New Secretariat Bikas Bhawan , P 4.

The Joint Secretary, Education Department, Government of Bihar, New Secretariat Bikas Bhawan , Pa 5.

The District Education Education officer, Vaishali at Hajipur 6.

The District Programme officer Establishment , Vaishali at Hajipur 7.

The Block Education officer, Jandaha null null 8.

The Block Education officer, Patepur 9.

The Development officer, Jandaha 10.

The Block Development officer, Patepur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niranjan Kumar For the Respondent/s :

Mr. Subhash Chandra Mishra, SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-08-2024

1. Heard learned counsel for the parties concerned.

2. The petitioner has filed the present writ application for quashing the order, dated 27.04.2016, issued by the District Education Officer, Vaishali at Hajipur, directing the Headmaster of the Non Government Primary Teacher Education College, Balugahat, Muzaffarpur, to prevent the petitioner from making attendance in the attendance register on the basis of letter of the department, bearing letter no. 4349, dated 29.09.2016.

Patna High Court CWJC No.16319 of 2016(10) dt.13-08-2024 2/2

3. Learned counsel for the petitioner submits that the case of the petitioner is fully covered by the judgment of this Court, passed in CWJC No. 3360 of 2017 and CWJC No. 4506 of 2016, dated 26.09.2023 and 04.10.2016, respectively.

4. Learned counsel for the State submits that it is correct that the fact of this case is identical to the fact of the aforesaid two cases.

5. In view of the submissions made by the parties, the present writ application is disposed exactly in terms of the order, dated 26.09.2023, passed in CWJC No. 3360 of 2017, accordingly, the impugned order, dated 27.04.2016, is set aside.

6. This writ application is allowed with a direction to the respondent-authorities to reinstate the petitioner in the service with all consequential benefits like the petitioners of CWJC No. 4506 of 2016 and CWJC No. 3360 of 2017.

7. With the aforesaid observations and directions, this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U