Patna High CourtCWJC/9687/2018disposed

Sharat Kumar v. The State Of Bihar And ORS

2018-05-16Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9687 of 2018 ====================================================== Sharat Kumar, son of Vishwanath Singh, resident of Village-Arap, P.S.- Bikram, District-Patna, presently posted as Headmaster-cum-Drawing and Disbursing Officer, Middle School, Datiyana, Bikram, District-Patna. ... ... Petitioner/s

Versus

1.The State Of Bihar, through the Principal Secretary, Education Department, Bihar, Patna

2. The Principal Secretary, Education, Bihar, Patna

3. The Director, Primary Education, Bihar, Patna

4. The Regional Deputy Director of Education, Patna division, Patna

5. The District Education Officer, Patna.

6. The District Programme Officer (Establishment) district-Patna

7. The Vice-Chancellor, Magadh University, Bodh Gaya, Patna

8. The Registrar, Magadh University, Bodh Gaya.

9. The Examination Controller, Magadh University, Bodh Gaya

10. The Principal, Ram Lakhan Singh Yadav College, Anisabad, Patna

11. Vikash Kumar Munna, son of Baijnath Singh, R/o village-Kattari, P.O. Iqwalganj Niserpura, P.S.-Rani Talaw, Bikram, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nishant Kumar Sinha For the Respondent/s :

Mr. Jitendra Kumar Roy No-1 -Sc13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-05-2018 In view of the statement made in para-9 of the supplementary affidavit that certificate of the petitioner of B.Sc. Marks sheet is genuine and bona fide, the writ petition is disposed of with direction to the respondents to pass afresh order in the matter of legality and validity of the promotion. The order contained in Annexure-3 whereby the promotion was canceled, is hereby set aside. However, liberty shall be available to the Department to make enquiry after opportunity of hearing

Patna High Court CWJC No.9687 of 2018(2) dt.16-05-2018 2/2 to the petitioner and pass afresh reasoned order. Monetary benefit of promotion of the petitioner will abide by the outcome of fresh decision by the respondents. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U