Ranjana Kumari And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13305 of 2017 ======================================================

1. Ranjana Kumari Daughter of Sri Harish Chandra Jha Resident of Mohalla - Kabilpur, P.S. - Bahadurpur, District - Darbhanga.

2. Archana Kumari Daughter of Sri Harish Chandra Jha Resident of Mohalla - Kabilpur, P.S. - Bahadurpur, District - Darbhanga.

3. Ajay Kumar Jha Son of Sri Daudnagar Jha Resident of Mohalla - Ambedkar Nagar, P.S. - Madhubani, District - Madhubani.

4. Rohit Prasad Singh Son of Sri Mahendra Singh Resident of Village - Ramaual, P.S. - Hathauri, District - Samastipur.

5. Sudha Kumari Daughter of Sri Bideshi Paswan Resident of Mohalla - Kabilpur, P.S. - Bahadurpur, District - Darbhanga.

6. Sunita Kumari Daughter of Sri Shambhu Kumar Resident of Village - Usari, P.S. - Biraul, District - Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

3. The Director, Primary Education, Human Resources Development Department, Government of Bihar, Patna.

4. The District Magistrate, Darbhanga.

5. The District Education Officer, Darbhanga.

6. The District Programme Officer (Establishment), Darbhanga.

7. The Block Education Officer, Bahadurpur, Darbhanga.

8. The Panchayat Secretary, Gram Panchayat Raj Basantpur, District - Darbhanga.

9. The Headmaster, Primary School, Bharatpur, Bahadurpur, District - Darbhanga.

10. The Headmaster, Primary School, Madhuban, Bahadurpur, District - Darbhanga.

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

For the Petitioner/s : Mr. Satish Chandra Jha-3 For the Respondent/s : Mr. Madanjit Kr. -Gp20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-11-2017 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Mr. Jha appearing on behalf of the petitioners submits that that the case of the petitioners is covered by a decision of this court in C.W.J.C. No. 417 of 2015 contained in

Patna High Court CWJC No.13305 of 2017 (2) dt.17-11-2017 2/2 Annexure-5.

Counsel for the respondents submits that factual enquiry is to be made by the respondents and he is not in a position to make any statement on that score. Considering the submission advanced by the petitioners and on going through the order contained in Annexure5, the court is of the view that there is no point in keeping this matter pending, if the case of the petitioners is identical to the petitioners of C.W.J.C. No. 417 of 2015, the petitioners deserve similar treatment like the petitioners in C.W.J.C. No. 417 of 2015 particularly in view of the fact the State professes a litigation policy that in matters covered by the similar order, similar treatment should be extended to others similarly circumstanced. Considering the aforesaid, the writ petition is disposed of with direction to the respondent no.

6 to consider the case of these petitioners in the light of decision in C.W.J.C. No. 417 of 2015, if the case of the petitioner is found similar on fact to the petitioners of C.W.J.C. No. 417 of 2015, the benefit arising out of such decision must reach the petitioners within a period of 60 days from the date of receipt/production of this order.