Bibi Mumtaz Begum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4734 of 2019 In Civil Writ Jurisdiction Case No.15380 of 2016 ====================================================== Bibi Mumtaz Begum D/o Md. Yunus Resident of village- Khojuchak, P.O.- Sonpura, P.S.- Baktiyarpur, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri R.K. Mahajan, Principal Secretary, Department of Education, Government of Bihar, Patna. 2.

Sri Dr. Binodanand Jha, The Director, Jan Shiksha, Department of Education, Government of Bihar, Patna.

3.

Sri K. Sithal, The Divisional Commissioner, Koshi Division, Saharsa. 4.

Mr. Takimuddin Ahmad, The Regional Deputy Director of Education, Kishi Division, Saharsa.

5.

Smt. Shailaza Sharma, The District Magistrate, Saharsa. 6.

Mr. Jai Shankar Prasad Thakur, The District Education Officer, Saharsa. 7.

Sri Manoj Kumar, The District Programme Officer, Literacy, Saharsa. 8.

Sri Rahul Chander Chaudhary, The District Programme Coordinator, Lok Shiksha Samiti, Saharsa.

9.

Sri Ashok Singh, The Block Education Officer, Saur Bazar, Saharsa. 10.

Nujahat Khatoon, The Head Master, Primary Maktab Khosichak, BlockSimri Bakhatiyarpur, District- Saharsa. 11.

Majbooni Praveen Wife of Md. Sadir Resident of Village- Khojuchak, P.O.- Sonpura, Bakhatiyarpur, District- Saharsa.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subesh Sharma, Advocate For the State :

Mr.Madanjeet Kumar (Gp 20) Mr. Rajeev Ranjan, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-11-2023 1.

The present case was adjourned on the last date of hearing, in view of the submission made in the show-cause to the effect that since a co-ordinate Bench of this Court has directed that no appointment should be made on any post of

Patna High Court MJC No.4734 of 2019(3) dt.28-11-2023 2/3 Talimi Markaj/Shikcha Swaim Sevak in the State of Bihar, the case of the petitioner has remained pending as no selection process pertaining to appointment on the post of Talimi Markaj has been conducted thereafter, i.e. on account of an order dated 13.09.2019 passed by a co-ordinate Bench of this Court in CWJC No.18753 of 2019.

2.

In view of the aforesaid, the records of said writ petition bearing CWJC No.18753 of 2019 and CWJC No. 11447 of 2018 had been called for, however, upon going through the same, this Court finds that the said writ petitions along with other writ petitions have already stood disposed off, by a judgment dated 27.07.2022, hence now, there is no impediment in holding fresh selection process for making appointment on the post of Talimi Markaj. In fact, the learned counsel for the contemnors has also produced a letter dated 02.09.2023, bearing Memo No.299 Saharsa, whereby the District Programme Officer, Secondary Education and Literacy, Saharsa has asked the petitioner to file her application pertaining to selection on the post of Talimi Markaj.

3.

In response, the learned counsel for the petitioner has submitted that the petitioner shall definitely file her application for the purposes of participating in the selection

Patna High Court MJC No.4734 of 2019(3) dt.28-11-2023 3/3 process, as aforesaid within a period of two weeks from today, however, the contemnors be directed to conclude the said selection process, within a fixed time frame. 4.

Having regard to the facts and circumstances of the case, this Court is prima facie satisfied that the order of this Court dated 21.02.2019 has substantially been complied with, hence though I deem it fit and proper to dispose off the present contempt petition, but with a direction to the contemnors/opposite parties to conclude the selection process, within a period of three months from today.

5.

Accordingly, the present contempt petition stands disposed off on the aforesaid terms.

6.

The records of CWJC No.18753 of 2019 and 11447 of 2018 be sent back to the registry.

(Mohit Kumar Shah, J) kanchan/- U