Kasturba Gandhi Balika Vidalaya Shikshak Shikshakettar Union v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22601 of 2018 ====================================================== Kasturba Gandhi Balika Vidalaya Shikshak Shikshakettar Union, All India through its National Proctor-cum-State President for Bihar, Ranjan Kumar Singh, Son of Shashi Shekhar Singh, Purbi Gharari, P.S. Kharik, Distt.- Bhagalpur.

... ... Petitioner

Versus

1.

The Union Of India through Secretary, Ministry of Human Resources, Shastri Bhawan, New Delhi.

2.

Secretary, Ministry of Human Resources and Development, Department of School Examination, EE8 Section, Shastri Bhawan, New Delhi. 3.

Under Secretary, Ministry of Human Resources and Development, Shastri Bhawan, New Delhi.

4.

State of Bihar through Principal Secretary, Department of Human Resources (Education), Patna.

5.

State Project Director, Bihar Education Project Counsil, Shiksha Bhawan, Saidpur, Rajendra Nagar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Pramod Kumar Singh, Adv.

For the Respondents :

Mr. Ashutosh Ranjan Pandey, AAG-15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 27.11.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following reliefs: "(i) A writ in the nature of certiorari or any other appropriate writ/writs, order/orders, direction/directions quashing Memo No. 5100 dated

Patna High Court CWJC No.22601 of 2018(2) dt.06-01-2020 2/3 04.09.2018 issued by the respondent No. 4 inviting applications for appointment of teachers/warden, etc in all the district of the State of Bihar where Kasturba Gandhi Balika Vidalaya are functioning the same being referred to in Annexure-2 of the Writ application.

(ii) A writ in the nature of a mandamus or any other appropriate writ/writs, order/orders, direction/directions commanding the respondents not to proceed further with respect to orders as contained in Annexure-2."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law,

Patna High Court CWJC No.22601 of 2018(2) dt.06-01-2020 3/3 before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) P.K.P./Rajeev Kumar/- U