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Patna High CourtCWJC/1570/2023disposed

Akhilesh Kumar v. The State Of Bihar

2025-02-11Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1570 of 2023 ====================================================== 1.

Akhilesh Kumar Son of Shambhu Prasad Singh, Resident of Village- Sheo Balak Tola, P.O.- Banahi, P.S.- Tiar, District- Bhojpur. 2.

Md. Shamim Son of Md. Mustafa, Resident of Village- Gaudarh, P.S.- Shahpur, District-Bhojpur 3.

Ajit Kumar Ram Son of Late Hira Lal Ram, Resident of Village- Nawadih, P.O.- Osaiganj, P.S.- Shahpur, District- Bhojpur. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Human Resources Development, Govt. of Bihar, Patna 3.

The District Magistrate, Bhojpur at Ara 4.

The District Education Officer, Bhojpur 5.

The District Programme Officer, Bhojpur 6.

The B.D.O., Bihiya Block, District- Bhojpur.

7.

The Block Education Officer, Bihiya Block, District- Bhojpur 8.

The Head Master, Upgrade Middle School, Karakhiyan, Block-Bihiya, District- Bhojpur.

9.

The Head Master, Middle School Rudra Nagar Block Bihiya DistrictBhojpur, 10.

The Head Master, Upgrade Middle School, Nawadih ganj, Block-Bihia, District- Bhojpur 11.

The Panchayat Secretary, Gram Panchayat, Kamariyaon, Bihiya, Bhojpur 12.

The Panchayat Secretary, Gaudarh Rudra Nagar, Bihia, Bhojpur 13.

The Central Board of Higher Education through its Secretary Uttam Nagar, New Delhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Jee Mishra, Adv.

For the Respondent/s :

Mrs. Binita Singh, SC28 :

Mr. Kumaresh Singh, AC to SC28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-02-2025 Heard learned counsel for the petitioners and learned

Patna High Court CWJC No.1570 of 2023(7) dt.11-02-2025 2/3 counsel for the State.

2. The present writ petition has been filed seeking the following reliefs:

"i. Issuance of a writ/writs /order/orders, direction/directions in the nature of mandamus commanding the respondent authorities to reinstate the petitioners to the post of Block Teachers in their respective schools.

ii. Issuance of a writ/ writs, direction/ directions to the respondent authorities to take all the measures to reinstate the petitioners to the post of Panchayat teachers as they have been working as Panchayat teachers since the year 2003.

iii. Issuance of any other appropriate writ/writs to which the petitioners are entitled to in the eyes of law."

3. Considering the reliefs prayed in the writ petition, the petitioners are directed to file an appeal before the District Appellate Authority within a period of six weeks and the District Appellate Authority is directed to pass a reasoned and speaking order in accordance with law, after hearing the parties, within eight months thereafter.

4. With the aforesaid observations and directions, this writ application stands disposed of.

5. It goes without saying that if any question of limitation arises before the District Appellate Authority, the same shall be considered, taking into consideration the fact that

Patna High Court CWJC No.1570 of 2023(7) dt.11-02-2025 3/3 the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

(Anjani Kumar Sharan, J) anand/- U