Babulal Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19958 of 2025 ====================================================== 1.
Babulal Prasad Yadav Son of Late Brija Ray, Resident of Village- Nabiganj Bazar, Lakri Nabiganj, Kishunpura, Police Station- Navi Ganj, District -Siwan. At present posted and working as Demonstrator in Ambika Singh Ruplal Sah College, Navi Ganj Bazar, District - Siwan. 2.
Sunil Kumar Singh Son of Awadhesh Kumar Singh, Resident of Village Sidhwaliya Kabirpur, Police Station -Mohammadpur, District - Gopalganj. At present posted and working as Head Clerk in Ambika Singh Ruplal Sah College, Navi Ganj Bazar, District - Siwan ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.
The Additional Chief Secretary -cum- the Principal Secretary, Education Department, Government of Bihar, Patna.
3.
The Director, Secondary Education, Education Department, Government of Bihar, Patna.
4.
The Regional Deputy Director of Education, Saran Division, Chapra. 5.
The District Magistrate, Siwan.
6.
The District Education Officer, Siwan.
7.
The District Programme Officer (Secondary Education), Siwan. 8.
The Managing Committee of Ambika Singh Ruplal Sah College, Nabiganj, Siwan through its Chairman.
9.
The Principal, Ambika Singh Ruplal Sah College, Nabiganj Bazar, AnchalNabiganj, District- Siwan. 10.
The Chairman, Bihar School Examination Board, Bihar, Patna 11.
The Secretary, Bihar School Examination Board, Bihar, Patna. 12.
The Director (Education), Bihar School Examination Board, Bihar, Patna. 13.
The Assistant Public Information Officer (Higher Secondary) College Establishment, Bihar School Examination Board, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Mishra, Advocate For the State :
Mr. Vasant Vikas, A.C. to G.P.-12.
For BSEB :
Mr.Vipin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the respondent-State.
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2. The petitioners have prayed for grant of following relief :- (i) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the case of the petitioners for payment of grant -in-aid for the period since 2008 to 2017, as they are deliberately being paid lower grant-in-aid compared to other junior employees only because, they have made certain allegations against the irregularities caused by the Principal of the Ambika Singh Roopla! Sah College, Nabiganj, District - Siwan. (ii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to make payment of grant-in-aid to petitioner no. 2 for the session 2015-17 and also make payment of salary from the funds collected through the internal sources, as he has neither been paid the grant-in-aid for the session 2015-2017 nor the salary collected through internal sources since March, 2024 to till date without any reason or without any fault on his part.
(iii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to make an independent and impartial enquiry in Ambika Singh Ruplal Sah College, Nabiganj Bazar, Anchal Nabiganj, District - Siwan with regard to embezzlement of fund relating to grant-in-aid as also the funds collected through internal sources, as the Principal of the said college, has continuously been committing irregularities and illegalities and has embezzled the fund and further the employees who are very junior to the petitioners are being paid more salaries through grant -in-aid but the petitioners are being unnecessarily made to suffer and are asked to pay illegal demand of Rs. 15000 to 20000/- for increase of their salaries, which is not just and proper. (iv) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to look into the matter and redress the genuine grievances of the petitioners, as
3/4 they have been discharging their duties in the college since long without any complaint or adverse remark at any point of time and only because they have made certain complaints before the authorities with regard to irregularity in the college so far as distribution of grantin-aid and payment of salary through funds collected through internal sources are concerned, they are being unnecessarily made to suffer.
(v) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to allow the petitioners to mark their attendance in the general employees attendance register of the Ambika Singh Rupal Sah College, Babiganj, Siwan as even though they are discharging their duties regularly but they are not being allowed to mark their attendance for near about last ten months."
3. During the course of argument, learned counsel appearing for the petitioners submits that for the aforesaid relief claimed in the present writ application, the petitioners have already filed a representation dated 27.01.2025 (Annexure-P/6) before the Director (Education), Bihar School Examination Board, Bihar, Patna. He further prays that a direction be given to dispose of the said representation of the petitioners within a fixed time frame, after giving an opportunity of hearing to the petitioners.
4. To the aforesaid submissions made by learned counsel for the petitioners, learned counsel appearing for respondent-State does not have any objection.
5. Considering the limited nature of prayer being
4/4 made by learned counsel for the petitioners, this writ application is disposed of directing the Director (Education), Bihar School Examination Board, Bihar, Patna, to dispose of the pending representation of the petitioner within a period of five months from the date of production of a copy of this order, after giving an opportunity of hearing to the petitioners.
6. Needless to emphasize that the order which shall be passed by the Director (Education), Bihar School Examination Board, Bihar, Patna, should be a reasoned and speaking order.
7. With the aforesaid observation, direction and liberty granted, the present writ application stands disposed of.
8. All pending I.A.s, if any, is deemed to have been disposed of.
(Alok Kumar Sinha, J) sanjeev/- U