Indra Kant Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21034 of 2018 ====================================================== Indra Kant Jha son of Late Lutan Jha, resident of Village Sindhiya, P.O. Sindhiya, District Samastipur at present resident of Village Ankuri, P.S. Paliganj, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Special Director, Secondary Education Education Department, Bihar, Patna.

3.

The Bihar Sanskrit Shiksha Board through its Chairman, Bihar Sanskrit Shiksha Board, Patna.

4.

The Chairman, Bihar Sanskrit Shiksha Board, Patna. 5.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. 6.

The District Education Officer, Patna.

7.

The Managing Committee Sri Kamla Sanskrit Prathmik Sah Madhya Vidyalaya, Ankuri, Patna.

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

For the Petitioner/s :

Mr.Randhir Kumar No-1 For the Respondent/s :

Mr.Jitendra Kumar Roy 1 -Sc13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Learned counsel for the petitioner submits that representation filed by the petitioner is pending before the Special Director since 2010 despite the direction issued on 5.7.2010 in CWJC No. 11245 of 2001 to dispose of the representation within a period of six months from the date of the order.

Learned counsel for the respondents would submit

Patna High Court CWJC No.21034 of 2018(2) dt.11-07-2019 2/2 that in view of the judgment of the Division Bench of this Court the power vests with the Special Secretary and as such the petitioner is required to approach the Special Secretary in place of Special Director and the Special Secretary on filing such representation will consider the case of the petitioner in accordance with law.

Considering the aforesaid, the writ petition is disposed of with liberty to the petitioner to approach the Special Secretary within a period of one month from today along with a copy of this order. In case the petitioner approaches the Special Secretary, the Special Secretary shall decide the representation in accordance with law at the earliest preferably within a period of three months from the date of filing of such representation. It is made clear that this Court has not expressed any opinion on the merit of the claim of the petitioner. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U