Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15641 of 2024 ====================================================== 1.

Pramod Kumar Son of Ramdev Sah Resident of Village and P.O.- Chandrahiya, Ward No.42, P.S.-Mufassil, District-East Champaran, Motihari.

2.

Satyendra Sharma Son of Kanchan Sharma Resident of Village-Adiya P.O.- Badaharwa Kalan, P.S. and Block-Kotwa, Via Turkauliya, District-East Champaran, Motihari.

3.

Chandan Kumar Son of Binda Kumar Resident of Village and P.O.- Dilawarpur, Via Mehsi, P.S.-Keshariya, District-East Champaran, Motihari. 4.

Shashi Bhushan Yadav Son of Ramjanam Yadav Resident of Village-Siswa, P.O.-Saunaha, P.S.-Raxaul, District-East Champaran, Motihari. 5.

Krishna Kumar Yadav Son of Mundar Yadav Resident of Village-Pipra, P.O. and P.S.-Daraunda. District-Siwan.

6.

Manoj Kumar Pandit Son of Master Prasad Pandit Resident of VillagePakari, Post-Mahual,-Mahal, P.S.-M.H. Nagar, (Hansanpura), DistrictSiwan. 7.

Merajuddin Ansari Son of Satar Ansari Resident of Village-Bhagawanpur Hat, P.S.-Bhagawanpur Hat, District-Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Mass Education, Government of Bihar, Patna. 4.

The District Magistrate, East Champaran, Motihari. 5.

The District Magistrate, Siwan.

6.

The District Programme Officer (Saksharta), East Champaran, Motihari. 7.

The District Programme Officer (Saksharta), Siwan. 8.

The Education Officer, East Champaran, Motihari. 9.

The District Education Officer, Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

Mr. Anil Kr. Sinha, Adv.

Mr. Bishwanath Mahto, Adv.

Mr. Atul Kumar, Adv.

For the Respondent/s :

Rajesh Kumar, AC to GP- 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2/4 08-10-2024 Heard Learned Counsel for the petitioners and Learned Counsel for the State.

2. The present writ petition has been filed for the following relief/s:- "(i) For issuance of writ nature of mandamus for direction to the respondents for considering the application dated 09.09.2024 and 18.09.2024 submitted before the Respondents by which made prayer to grant weightage marks for past experience service and till consideration, may kindly stay for issuance final list for selection to the post of Key Resource Person but said application has not been considered as yet.

(ii) Further issue direction to respondent to grant weightage of the work experience, as petitioners worked on the post of Sakshar Bharat Programme from August 2011 to 2018 as others similarly situated persons, who worked under contract, they have been given weightage marks in fresh selection.

(iii) For further issue direction to respondents for

3/4 considering case of petitioners as circular issued by the General Administration Department vide Memo No. 12956 dated 16.08.2024 by which directed to relax the age and giving weightage mark for their experience, who have worked on the basis of the contract.

(iv) Further give other legal consequential benefit to petitioner."

3. Learned Counsel for the petitioners submits that representation has been filed vide Annexure- P/8 series, but no decision has been taken till date.

4. Learned Counsel for the State submits that it transpires from Annexure- P/8 series that representations were filed before the concerned District Programme Officer. The Bihar Rajya Saksharta Prerak/Samnyawak Sangh, Siwan has also filed representation before the Director, Jan Siksha, Bihar, Patna to grant weightage on the post of Key Resource Person at block level. Counsel submits that the decision has to be taken at the level of Directorate, therefore, the petitioners be directed to file a fresh representation, as the representation has not been filed by the petitioners rather it has been filed by the Bihar Rajya Saksharta Prerak/Samnyawak Sangh, Siwan.

5. It transpires to this Court that the present writ

4/4 petition has been filed by the seven petitioners and, hence, they are permitted to file a fresh representation before the Director, Mass Education, Government of Bihar, Patna for their grievances which they have mentioned in the present writ petition within 30 days along with the order passed by this Court and the Director, Mass Education, Government of Bihar, Patna (respondent No. 3) is hereby directed to pass a reasoned and speaking order on the representation filed by the petitioners within 90 days from the date of receipt of the representation from the petitioners (Dr. Anshuman, J) Aman Kumar/- U