Km Sunita Kumari @ Sunita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20915 of 2019 ====================================================== Km Sunita Kumari @ Sunita Kumari Wife of Ram Bhusan Singh Resident of Village- Baradhi, P.S.- Nuaon, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Primary Education, Govt. of Bihar, Patna. 3.

The State Project Director, Bihar Education Project Council, Shiksha Bhawan, Rashtrabhasha Parishad Campus Saidpur, Rajendra Nagar, Patna. 4.

The District Magistrate, Kaimur at Bhabua.

5.

The District Education Officer, Kaimur at Bhabua. 6.

The District Programme Officer (Establishment), Kaimur at Bhabua. 7.

The Block Development Officer, Nuaon, Kaimur at Bhabua. 8.

The Block Education Officer, Nuaon, Kaimur at Bhabua. 9.

The Panchayat Secretary, Nuaon, Kaimur at Bhabua. 10.

The Vice Chancellor of Indira Gandhi National Open University, Maidan Garhi, New Delhi.

11.

The Controller of Examination, Indira Gandhi National Open University, Maidan Garhi, New Delhi.

12.

The Regional Centre, Indira Gandhi National Open University, L.N.M.U. Campus, Near Central Bank, Darbhanga.

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

For the Petitioner/s :

Mr.Parwej Khan, Adv.

For the Respondent/s :

Mr.Shankar Kumar Thakur, AC to GP-27 For IGNOU :

Mr. Kundan Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 22-03-2024 Heard learned counsels for the parties.

2. The present writ application has been filed for the following relief(s):

I) For issuance of an appropriate writ in the nature of mandamus commanding and

2/4 directing the respondents to treat the passing year of the training of the petitioner as June, 2012, in place of December 2012 and also to grant scale of trained teacher from the year June, 2012 as granting to other candidates who have completed their training with the petitioners.

II) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondents to consider the case of the petitioner that she has passed her training course in the year June, 2012 itself as the petitioner has given final exam in the year 2010 and result has been published in the year June, 2012 itself, but without any cause in one practical paper, her result has been published in the year June 2012 as incomplete and later on the respondent IGNOU has published her result in December, 2012 instead of June 2012 and declared her pass in her training course (DPE) in the year December 2012 and such delay has been made by IGNOU without any reason and the petitioner is no where faulty for the same.

III) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondents that as the petitioner has not declared fail in the year June 2012 result rather her result has been

3/4 kept pending in one practical paper by IGNOU, so her passing year should be considered as year June 2012 in place of the year December 2012.

3. At the very outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered with the order dated 03.09.2019 passed in C.W.J.C. No. 17849 of 2019, hence the present writ petition can also be disposed of in light of the said order dated 03.09.2019.

4. After hearing learned counsel for the petitioner and also perusing the contents of the writ application, it appears that the petitioner has already filed a detailed representation before the respondent no.12, but till date, nothing was done nor any information in this regard has been given to her.

5. In view of the fair submission made by learned counsel for the petitioner, in my view, no useful purpose would be served keeping this writ application pending.

6. Accordingly, respondent no.12 is well advised to consider the case of the petitioner after affording opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law and in light of the order dated 03.09.2019 passed in C.W.J.C. No. 17849 of 2019 within eight weeks from the date of receipt/production of a copy

4/4 of this order.

7. It is made clear that respondent no.12 shall be solely responsible for non-compliance of this order within the stipulated period.

8. With the aforesaid directions, this application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.04.2024 Transmission Date NA