Patna High CourtCWJC/227/2018disposed

Uday Shankar v. The State Of Bihar And ORS

2018-01-24Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.227 of 2018 ====================================================== Uday Shankar, Son of Ram Kumar Singh, resident of At- Prabhat Nagar East, Road No.- 1, Bhagwanpur, P.S.- Sadar, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar, through Principal Secretary, Primary Education Department, Government of Bihar, Patna.

2. The Secretary, Primary Education Department, Government of Bihar, Patna. null null

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

4. The District Education Officer, East Champaran, Motihari.

5. The District Programme Officer, East Champaran, Motihari. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Singh, Advocate For the Respondent/s : Mr. Jitendra Kumar Roy No-1 -Sc13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Learned counsel appearing on behalf of the petitioner submits that the respondents are adopting two different yardsticks for considering and posting the teachers appointed among the 34540. He submits that similarly circumstanced others have been favoured in the matter of posting in the home district whereas petitioner has been discriminated. The issue with regard to discrimination cannot be examined in the proceeding as many issues are interrelated which has to be examined by the

Patna High Court CWJC No.227 of 2018 (2) dt.24-01-2018 2/2 respondents by examination of the seniority list and other factors in terms of the policy decision of the Government. In view of the above, the petitioner is granted liberty to file exhaustive representation before the Director, Primary Education, respondent no.3. In case, such representation is filed by the petitioner alongwith a copy of this order, indicating therein pick and choose and discrimination towards the petitioner, the Director, Primary Education, respondent no.3 will pass appropriate corrective order within a period of three months from the date of filing of such representation.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U