Shashikant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22361 of 2019 ====================================================== 1.

Shashikant Singh Son of Baleshwar Prasad Singh, Resident of Village Pachkhanda, P.O. and P.S.-Mashrakh, District Saran (Chapra) and working as an Assistant Teacher in Rajkiya Middle School Kritpura, P.S. Baikunthpur, District-Gopalganj.

2.

Lal Bahadur Rai, Son of Sri Ramayan Rai, Resident of Village and P.O. Faijullahpur, P.S. Baikunthpur, District Gopalganj and working as an Assistant Teacher in Rajkiya Utkrimit Middle School Rajapatti Kothi, P.S. Baikunthpur, District-Gopalganj.

3.

Awadhesh Prasad Shrivastava, Son of Sri Gunjeshwari Prasad Shrivastava, Resident of Village and P.O. Rudrapur, P.S. Kateya, District Gopalganj and working as an Assistant Teacher in Rajkiya Middle School Bhaluhi, P.S. Kateya, District-Gopalganj.

4.

Ajmullah Ansari, Son of Late Oli Ansari, Resident of Village-Barhara, P.O. and P.S. Bhore, District Gopalganj and working as an Assistant Teacher in Rajkiya Utkramit Middle School Koharbaliya, P.S. Vijayipur, DistrictGopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

2.

The Regional Deputy Director of Education, Gopalganj Division, Gopalganj.

3.

The District Education Officer, Gopalganj.

4.

The District Programme Officer, (Establishment), Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Adv.

For the Respondent/s :

Mr.Subhash Chandra Mishra, SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 23-04-2024 Heard learned counsels for the parties.

2. In view of the statement made in paragraph 5 of the writ application where the petitioners have specifically stated that after obtaining degree of Sahitya Alankar from Hindi Vidyapeeth, Deogarh, they have further improved their qualification by obtaining Post Graduate degree, the writ petition is required to be

Patna High Court CWJC No.22361 of 2019 dt.23-04-2024 2/2 decided in the light of the judgment dated 01.05.2018 of a Division Bench of this Court in LPA No. 11 of 2014 wherein the issue of obtaining higher degree after obtaining Sahitya Alankar from Hindi Vidyapeeth, Deogarh has been discussed and noticing the fact of improvement of further qualification the Division Bench has allowed the appeal.

3. In view of the facts aforesaid, the distinction drawn in LPA No. 11 of 2014 is squarely applicable in the instant case.

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

5. Accordingly, this writ application stands disposed of directing the respondents to take appropriate decision in terms of the judgment passed in LPA No. 11 of 2014 within a period of four months from the date of receipt/production of a copy of this order.

6. With the aforesaid, the writ petition stands disposed of. (Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.04.2024 Transmission Date NA