Bal Krishna Jha And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5542 of 2018 ======================================================

1. Bal Krishna Jha, Son of Sri Nawal Kishore Jha, Resident of Village- Dhawalpura, P.S.- Bath, District- Bhagalpur.

2. Anil Kumar Singh, Son of Sri Sikandar Prasad Singh, Resident of Village- Tilakpur, P.S.- Sultanganj, District- Bhagalpur.

3. Mukesh Ranjan, Son of Sri Parmeshwar Sah, Resident of Village- Tilakpur, P.S.- Sultanganj, District- Bhagalpur.

4. Pawan Kumar Mishra, Son of Sri Gauri Prasad Mishra, Resident of Village- Bhaga, P.S.- Bounsi, District- Banka.

5. Prashant Kumar Jha, Son of Late Shiv Narayan Jha, Resident of Village- Akbar Nagar, P.S.- Akbar Nagar, District- Bhagalpur.

6. Purushottam Prasad Choudhary, Son of Late Sahdeo Choudhary, Resident of Village- Nayatola Karela, P.O.- Mirzapur, P.S.- Nath Nagar, District- Bhagalpur.

7. Dinesh Kumar Chourasia, Son of Late Kishun Prasad Chourasia, Resident of Village- Nawada, P.O.- Tilakpur, P.S.- Sultanganj, District- Bhagalpur.

8. Kumar Deoraj, Son of Darshan Prasad Singh, Resident of Village- Parsa, P.S.- Tarapur, District- Munger.

9. Ashok Kumar Yadav, Son of Birendra Kumar Yadav, Resident of Village- Mahadeo Tikar, P.O.- Sadipur, P.S.- Pirpainti, DistrictBhagalpur.

10. Rajesh Kumar Sinha, Son of Yamuna Prasad Ram, Resident of Village- Harishpur, P.O.- Sadipur, P.S.- Pirpainti, DistrictBhagalpur. 11.Shivendu Kumar, Son of Sri Gopal Rai, Resident of VillageHarpur, P.S.- Shahkund, District- Bhagalpur.

12. Anil Kumar Singh, Son of Sri Parmanand Singh, Resident of Village- Kamrain, P.S.+Block- Asarganj, District- Munger.

13. Md. Anwar Bahzad, Son of Md. Afsar Ali, Resident of VillageKasba, P.S.- Shambhuganj, District- Banka.

14. Dinesh Chandra Pandey, Son of Late Vikramaditiya Pandey, Resident of Village- Nonsar, P.S.- Sultanganj, DistrictBhagalpur. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

3. The Secretary, Human Resources Development Department, Government of Bihar, Patna.

4. The Regional Deputy Director of Education, Bhagalpur.

5. The Commissioner, Bhagalpur Pramandal, Bhagalpur.

6. The District Magistrate, Bhagalpur.

7. The District Education Officer, Bhagalpur.

8. The District Programme Officer, Bhagalpur.

9. The Block Development Officer, Sultanganj, Bhagalpur.

10. The Block Development Officer, Shahkund, Bhagalpur.

11. The Block Education Extension Officer, Shahkund, Bhagalpur.

12. The Prakhand Pramukh Shahkund, Bhagalpur.

13. The Chairman, Sultanganj Nagar Parishad, Sultanganj, Bhgalpur.

Patna High Court CWJC No.5542 of 2018(2) dt.09-04-2018 2/3

14. The Block Education Extension Officer, Sultanganj, Bhagalpur.

15. The District Teacher Appointment Appellate Authority, Bhagalpur.

16. The Member, District Teacher Appellate Authority, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Alok Kumar, Advocate Mr. Dilip Kumar Roy, Advocate For the Respondent/s :

Mr. Mukund Mohan Jha, G.P.-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-04-2018 Learned counsel for the petitioners is permitted to make necessary correction in para-1 of the petition during the course of the day.

Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Vide order dated 22.08.2017 in C.W.J.C. No. 08 of 2016 liberty was granted to the petitioners to withdraw the application in order to move before District Teachers Employment Appellate Authority, Bhagalpur but the petitioners instead of approaching the District Teachers Employment Appellate Authority, Bhagalpur moved before the State Appellate Authority. The State Appellate Authority noticed the aforesaid error in approaching the State Appellate Authority instead of District Teachers Employment Appellate Authority. The State Appellate Authority dismissed the application with liberty to the applicants to move before the District Teachers Employment Appellate Authority for appropriate action. The

Patna High Court CWJC No.5542 of 2018(2) dt.09-04-2018 3/3 said order was passed on 25.10.2017 but unfortunately instead of approaching District Teachers Employment Appellate Authority, the petitioners have filed the present writ application considering the fact that the writ court in C.W.J.C. No. 08 of 2016 has granted liberty to approach the District Teachers Employment Appellate Authority and the State Appellate Authority also noticed the aforesaid facts and circumstances while dismissing the appeal granted liberty to the applicants to move before District Teachers Employment Appellate Authority for appropriate action.

Considering the aforesaid, the writ application is disposed of with liberty to the petitioners to approach the District Teachers Employment Appellate Authority by filing appropriate application within a period of one month. The District Teachers Employment Appellate Authority will consider the case of the petitioners in view of the fact that bona fide mistake committed by the petitioners and decide the appeal on its own merit in accordance with law. (Anil Kumar Upadhyay, J) Ravi/- U