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Patna High CourtCWJC/15528/2024disposed

Ratish Chandra Jha v. The State Of Bihar

2024-10-22Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15528 of 2024 ====================================================== 1.

Ratish Chandra Jha son of Uday Shankar Jha resident of village Narainpur, Post Office Daulatpur, Police Station Khodawanpur, District Begusarai, Assistant Teacher, Gouri Shankar Sanskrit Secondary School, Bakhari, Begusarai.

2.

Devendra Nath Jha son of Shambhunath Jha resident of village Wikasi, Post Office Wikasi, Police Station Kamtaul, District Darbhanga, Incharge Headmaster, Gouri Shankar Sanskrit Secondary School, Bakhari, Begusarai. 3.

Kumari Sadhana wife of Kumar Ratnesh Lalan resident of village Parihara, Post Office Parihara, Police Station Parihara, District Begusarai, Assistant Teacher, Gouri Shankar Sanskrit Secondary School, Bakhari, Begusarai. 4.

Minu Kumari wife of Rajesh Kumar Singh resident of village Mahathi, Post Office Mahathi, Police Station Bibhutipur, District Samastipur, Headmaster, Pradip Jaimangala Sanskrit Primary- cum- Middle School, Naulakha, Begusarai.

5.

Sudha Kumari wife of Rajiv Pandit resident of village Pahsara, Post Office Pahasara, Police Station Nawkothi, District Begusarai, Assistant Teacher, Pradip Jaimangala Sanskrit Primary-cum- Middle, Naulakha, Begusarai. 6.

Raman Kumar son of Ram Pratap Mahato resident of village Naulakha, Post Office Maheshwara, Police Station Nawkothi, District Begusarai, Assistant Teacher, Pradip Jaimangala Primary -cum- Middle School, Naulakha, Begusarai.

7.

Ramashray Pandit son of Khantar Pandit resident of village Pahsara, Post Office Pahsara, Police Station Nawkothi District Begusarai, Assistant Teacher, Pradip Jaimangala Primary -cum- Middle School, Naulakha, Begusarai.

8.

Alaka Kumari daughter of Shashi Kumar Singh resident of village Barahiya, Post Office Barahiya, Police Station Barahia, District Lakhisarai, Assistant Teacher, Pradip Jaimangala Primary -cum- Middle School, Naulakha, Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary -cum- Middle Education Department, Government of Bihar, Patna.

4.

The special Director (Secondary Education), Education Department, Government of Bihar, Patna.

5.

The Bihar Sanskrit Shiksha Board through its Chairman, Bihar, Patna. 6.

The Secretary, Bihar Sanskrit Shiksha Board through its Chairman, Bihar, Patna.

7.

The District Education Officer, Begusarai.

Patna High Court CWJC No.15528 of 2024(2) dt.22-10-2024 2/3 8.

The District Programme Officer (Establishment), District Begusarai. 9.

The Secretary, Shri Gouri Shankar Sanskrit Secondary School, Bakhari, Begusarai.

10.

The Headmaster, Shri Gauri Shakar Sanskrit Secondary School, Bakhari, District Begusarai.

11.

The Secretary, Shri Pradip Jaimangala Sanskrit Primary-cum- Middle School, Naulakha, District Begusarai.

12.

The Headmaster, Shri Pradeep Jaimangala Sanskrit Secondary -cumPrimary School, Naulakha, District Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lal Mani Sharma, Advocate For the Respondent/s :

Mr. Satyam Shivam Sundaram, GP-5 Mr. AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-10-2024

1. Heard learned counsel for the petitioners, learned AC to GP-5 and the learned counsel appearing on behalf of the Bihar Sanskrit Shiksha Board.

2. Learned counsel appearing on behalf of the petitioners, at the outset, submits that the relief claimed in the present writ application is squarely covered by an order passed by a Division Bench of this Court in C.W.J.C. No. 985 of 2015 dated 27.03.2019, C.W.J.C. No. 15299 of 2015 dated 27.03.2019 and its analogous cases, C.W.J.C. No. 17445 of 2015 dated 27.03.2019 and C.W.J.C. No. 24523 of 2018 dated 24.06.2023. Learned counsel, thus, submits that if the instant writ application is also disposed of in terms of the aforesaid orders, the same shall satisfy the petitioners.

3. Learned counsel appearing on behalf of the State and the Bihar Sanskrit Shiksha Board also do not dispute the said submission of the learned counsel for the petitioners but then submit

Patna High Court CWJC No.15528 of 2024(2) dt.22-10-2024 3/3 that petitioners be directed to file a representation before the respondent no. 7 along with the copy of the order dated 27.03.2019 in C.W.J.C. No. 985 of 2015 and in the event, if the respondent no. 7 comes to a conclusion that case of the petitioners is squarely covered by the aforesaid orders in that event, the claim of the petitioners shall be granted but if the respondent no. 7 comes to a conclusion that relief claimed for by the petitioners in the instant writ application is not covered by the aforesaid case in that event, a reasoned order would be passed.

4. After hearing the learned counsel for the parties, the Court without going into the merits of the case directs the petitioners to file a detailed representation before the respondent no. 7 annexing all the copies of the aforesaid orders as recorded hereinabove on or before 25.11.2024.

5. The respondent no. 7 is directed to consider and dispose of the representation within a period of two months thereafter.

6. The writ application is disposed of with the aforesaid observation and direction.

(Satyavrat Verma, J) Kundan/- U