Jeevachh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.260 of 2024 ====================================================== Jeevachh Kumar Mandal, Son of Shankar Prasad Mandal, resident of VillageBastaul, P.S. Prampur, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Director, Secondary Education, Govt. of Bihar, Patna. 3.

The District Magistrate, Katihar.

4.

The Regional Deputy Director, Education Department, Katihar. 5.

The District Education Officer, Katihar.

6.

The District Programme Officer, Katihar.

7.

The Head Master, +2 Project Girl High School, Bastaul, Katihar. 8.

The School Managing Committee, +2 Project Girl High School, Bastaul, Katihar.

9.

The Secretary, School Managing Committee, +2 Project Girl High School, Bastaul, Katihar.

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

For the Petitioner/s :

Mr. Gyanendra Kumar Singh, Advocate For the Respondent/s :

Mr. Government Advocate 11 Mr. AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 02-09-2025 Heard the parties.

2. The position is admitted that the petitioner was appointed as a Night Guard in the +2 Project Girls High School, Bastaul, Katihar by the Managing Committee in its meeting dated 02.10.2012, the copy of which has been placed on record as Annexure-1 to the writ petition.

3. It is submitted that despite any rhymes and

Patna High Court CWJC No.260 of 2024 dt.02-09-2025 2/3 reasons, the services of the petitioner has been dispensed with by the Headmaster of the school, in question, without getting approval of the Managing Committee of the School. It is further contended that for redressal of his grievance, the petitioner approached all the authorities concerned, including the Public Grievance Redressal Cell, Katihar, who vide letter no. 838 dated 22.05.2023 wrote letter to the District Education Officer, Katihar to look into the matter, however, till date nothing has been done, hence the present writ petition.

4. Learned advocate for the State made a preliminary objection with regard to the maintainability of the writ petition on account of the fact that the appointment of the petitioner as Night Guard was purely on temporary and contractual basis that too by the Managing Committee of the School. To support the aforesaid contention, some decisions have also been placed before this Court. It is also contended that the writ petition is barred by delay inasmuch as the petitioner was removed from the post in 2019 and the writ petition has been filed in the year, 2024.

5. Having considered the submissions set forth by the learned Advocate for the parties and taking note of the fact that the authorities of Public Grievance Redressal Cell, Katihar

Patna High Court CWJC No.260 of 2024 dt.02-09-2025 3/3 has forwarded the complaint of the petitioner to the office of District Education Officer, Katihar and the same is pending consideration, this Court with the hope and expectation dispose off the writ petition with a direction to the District Education Officer, Katihar to look into the matter and take appropriate action, if found permissible, in accordance with law, preferably within a period of twelve weeks from the date of receipt/production of a copy of this order.

6. With the aforesaid, the writ petition stands disposed off.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.09.2025 Transmission Date NA