Prem Shankar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14678 of 2017 ====================================================== Prem Shankar Prasad, Son of Sri Ram Pukar Prasad, Resident of VillageBairiya, Post Sirsiya Khurd, Block Aadapur, P.S. Aadapur, District East Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Education, Department, Bihar, patna.

2. The Deputy Secretary, Education Department, Bihar, Patna.

3. The Director, Primary Education, Education Department, Bihar. Patan.

4. The District Magistrate, East Champaran.

5. The District Education Officer, East Champaran.

6. The District Programme Officer, East Champaran

7. The Block Education Officer, Ghobasahan, East Champaran

8. The Block Education Officer, Chauradano, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Respondent/s :

Mr. Smt. Shilpa Singh -GA12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-01-2018 This public interest litigation has been filed in the matter of amalgamation of newly created primary school at Bairiya, Block Adapur and it is stated that with regard to various infirmities and illegalities committed in the amalgamation process, an enquiry has been initiated by the respondent No. 5 and an Enquiry Committee has been constituted and the grievance is that the enquiry is not being taken up and the matter is kept pending since September, 2017.

Keeping in view the aforesaid grievance of the petitioner,

Patna High Court CWJC No.14678 of 2017(2) dt.23-01-2018 2/2 for the present, without entering into the controversy on merit and without expressing any opinion on merit on the allegation made, we direct that respondent No. 5 shall look into the grievance of the petitioner and in case an Enquiry Committee has been constituted, as pleaded in the writ petition, the respondent No. 5 is directed to proceed in accordance with law and conclude the same within six months from the date of receipt/production of a copy of this order.

Needless to emphasize that we have not expressed any opinion on the merit of the matter. The enquiry will proceed after following due process of law which includes hearing of all concerned.

With the aforesaid, the writ petition stands disposed of. (Rajendra Menon, CJ) spandey/- ( Anil Kumar Upadhyay, J) U