Radheshyam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16803 of 2024 ====================================================== 1.

Radheshyam Mandal S/o Sukhadev Mandal, R/o Village-Bhan Tekthi, P.S. and District-Madhepura.

2.

Barun Kumar, Son of Balesh war Yadav, R/o Village-Bhan Tekthi, P.S. and District-Madhepura.

3.

Akhilesh Kumar, s/o Chhotkan Mandal, R/o Village-Bhan Tekthi, P.S. and District-Madhepura.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

3.

The Director Jan Siksha cum Additional Secretary, Education Department, Government of Bihar, Patna 4.

The Director, Primary Education, Bihar, Patna. 5.

The Regional Deputy Director of Education Education Department, Saharsa 6.

The District Magistrate, Madhepura 7.

The District Magistrate, Saharsa 8.

The District Magistrate, Supaul 9.

The District Superintendent of Education Cum District Programme Coordinator, Madhepura 10.

The District Superintendent of Education Cum District Programme Coordinator, Saharsa.

11.

The District Superintendent of Education Cum District Programme Coordinator, Supaul.

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

For the Petitioner/s :

Mr.Munish Om Prakash Singh, Advocate For the Respondent/s :

Mr.Government Pleader (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. Petitioners have prayed for following relief(s) in the writ petition:- "For a direction upon the respondent authority to grant an age relaxation to the petitioners so

Patna High Court CWJC No.16803 of 2024(2) dt.11-11-2024 2/3 that they can apply their candidature for appointment pursuant to corrigendum on the post of Shiksha Sewak / Shiksha Sewak (Talimi Makraj) as per Memo no- 1284 of Letter No. 13/Vi.03-01/2016 1284 dated 24/07/2023 in the context of Letter no. 1566 dated 05/07/2019 of Department of Education, Government Of Bihar as per relief granted in C.W.J.C. No.- 866/2019 for other similar situated persons.

(ii) Further direct the concern authority to grant one time age relaxation to the petitioners in view of order passed in C.W.J.C. No. 866 of 2019 for other similar situated persons so that it can enable them to get participate for their candidature pursuant to the Memo No- 1284 of Letter No.- 13/Vi.03-01/2016 1284 dated 24/07/2023.

(iii) Further during pendency of the writ application the candidature of the petitioner make secure by stay of operation/process of Memo No- 1284 of Letter No.- 13/Vi.03-01/2016 1284 dated 24/07/2023.

(iv). Further also during pendency of the present writ application the operation/process of Letter dated 03/06/2024 vide Letter No.- 13/Vi 3-.1/2016 35/Go which has been issued by The Director, Jan SikshaCumAdditional secretary to all concern District Magistrates may kindly be stayed.

(v). Or further allow or accept the application of the petitioners and also allow to participate in the selection procedure pursuant o the Memo No- 1284 of Letter No.- 13/Vi.03- 01/2016 1284 dated 24/07/2023 and Letter dated 03/06/2024 vide Letter No.- 13/Vi .3-.1/2016

Patna High Court CWJC No.16803 of 2024(2) dt.11-11-2024 3/3 35/Go. of course that would be the result of the writ application."

3. Learned counsel for the petitioners submits that the petitioners would be filing representation before respondent no.2 for redressal of their grievances.

4. In view of the nature of submission made by learned counsel for the petitioners, this writ application is disposed of with a direction to the petitioners to file a fresh representation before the respondent no.2 within two weeks from today and respondent no.2 is directed to dispose of the representation of the petitioners by a reasoned and speaking order within four weeks thereafter after affording ample opportunity of hearing to the petitioners or their counsels, if necessary.

5. It is made clear that in case of non-compliance of this order within the stipulated period, this Court may take serious view of the matter.

(Prabhat Kumar Singh, J) Shashi U