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Patna High CourtMJC/5213/2013disposed

Shiva Nand Upadhyay And ORS. v. The State Of Bihar And ORS

2016-09-15Mr. Justice Ramesh Kumar Datta3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5213 of 2013 In Civil Writ Jurisdiction Case No. 19933 of 2011 ======================================================

1. Shiva Nand Upadhyay S/O Sri Brajendra Nath Upadhyay Resient Of VillageApahar, P.O- Apahar, P.S- Amnaur, District- Chapra ( Saran)

2. Dr. Kashyap Kumar S/O Sri Mahendra Nath Singh Resident Of VillageBichala Telpa, North Of Bintolia, P.O- Chapra, P.S- Chapra Town, DistrictChapra (Saran)

3. Ajay Kumar Singh S/O Late Sheo Prasan Singh Resident Of Village- Balua, P.O- Puchari, P.S- Jalalpur, District- Chapra (Saran)

4. Md. Jilani Khan S/O Md. Sharaytullah Khan Resident Of Village- Baranpura, P.O- Khairah, P.S- Khairah, District- Chapra (Saran)

5. Fateh Bahadure Singh S/O Late Mahendra Prasad Singh Resident Of VillageDharhara Kala, P.O- Dharhara Kala Via Apahar, District- Chapra (Saran)

6. Sunil Kumar Singh S/O Late Jagat Narayan Singh Resident Of Mohalla- Lah Bazar (Near Bina Pustak Mandir), Salempur, P.O- Chapra, P.S- Chapra Town, District- Chapra (Saran)

7. Anil Kumar Singh S/O Sri Dharm Nath Singh Resident Of Mohalla- North Dahiyawan Tola, Bypass Road, P.O- Chapra, P.S- Chapra Town, DistrictChapra (Saran) .... .... Petitioner/s

Versus

1. The State Of Bihar Through Sri Amarjeet Sinha, Principal Secretary, Human Resources Development Department, New Secretariat, Patna.

2. Sri Ram Bujhawan Chaudhary, The Director Secondary Education, Human Resources Development Department, New Secretariat, Patna.

3. Sri Ajit Kumar, The Deputy Director Secondary Education, Human Resources Development Department, New Secretariat, Patna.

4. The Bihar School Examination Board (Senior Secondary), Budh Marg, Patna, Through Its Secretary Sri Mohan Prasad Shrivastava

5. Sri Rajmani Singh, The Chairman, Bihar School Examination Board (Senior Secondary) Budh Marg, Patna.

6. Sri Mohan Prasad Shrivastava,The Secretary, Bihar School Examination Board, (Senior Secondary), Budh Marg, Patna.

7. The Managing Committee, Shankar Dayal Singh College, Jalalpur Bazar, P.O- Jalalpur Bazar, P.S- Jalalpur, District- Saran, Through Its Secretary Sri Banaras Singh.

8. Sri Banaras Singh, The Secretary, Managing Committee, Shankar Dayal Singh College, Jalalpur Bazar, P.O- Jalalpur Bazar, P.S- Jalalpur, DistrictSaran.

9. Sri Mrigendra Sharma, The Principal Shankar Dayal Singh College, Jalalpur Bazar, P.O- Jalalpur Bazar, P.S- Jalalpur District- Saran.

10. Sri Madhsudan Paswan, The District Education Officer, Chapra, Saran. .... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Mahesh Narain Parvat, Sr. Advocate For the State : Mr. Madanjeet Kumar, GA-20

Patna High Court MJC No.5213 of 2013 (2) dt.15-09-2016 2/3 For B.S.E.Board : Mr. Ajeet Pratap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 15-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The contempt application has been filed claiming willful disobedience of the order dated 19.12.2011 passed in CWJC No. 19933 of 2011.

By the said order this Court had directed the petitioner to approach the Director, Secondary Education by filing representation which was to be considered and disposed of by him in accordance with law.

It is not in dispute that the Director, Secondary Education by his order dated 11.4.2013 which is annexed as Annexure-3 to the contempt application itself decided the matter in favour of the petitioner.

The grievance of the petitioner is that despite the said order neither the Managing Committee nor the authorities ensured compliance of the order dated 11.4.2013 of the Director, Secondary Education or have taken any steps in the matter. It is evident that the order under contempt stands complied with on account of the order passed by the Director, Secondary Education.

Patna High Court MJC No.5213 of 2013 (2) dt.15-09-2016 3/3 The contempt application is, accordingly, disposed of.

If the petitioner is aggrieved by the said order, the petitioner has to take recourse to appropriate remedies whether by approaching the authorities of the State and the Managing Committee or any other remedy as may be advised. (Ramesh Kumar Datta, J) S.Pandey/- U