Jai Narayan Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2346 of 2025 ====================================================== 1.
Jai Narayan Kamat son of Late Boailal Kamat, resident of Village and P.O.- Tajpur, P.S.-Jhanjharpur, District- Madhubani, Assistant Teacher in Karpuri Thakur Sanskrit Prathmik Sah Madhya Vidyalaya, Bahadurpur, Choura Mahrail, P.S.- Jhanjharpur, District- Madhubani. 2.
Radha Krishna Mahto, son of Chandeshwar Mahto, resident of VillageMalicham, P.S.-Jhanjharpur, District- Madhubani, Assistant Teacher in Karpuri Thakur Sanskrit Prathmik Sah Madhya Vidyalaya, Bahadurpur, Choura Mahrail, P.S.- Jhanjharpur, District- Madhubani. 3.
Rajeev Kumar, son of Maujaylal Choudhary, resident of Village- Bahadurpur Chaura Mahrai, P.S.-Jhanjharpur, District- Madhubani, Assistant Teacher in Karpuri Thakur Sanskrit Prathmik Sah Madhya Vidyalaya, Bahadurpur, Choura Mahrail, P.S.- Jhanjharpur, District- Madhubani. 4.
Palat Chaudhary, son of Uttimlal Choudhary, resident of Village- Chaura Mahrai, P.S.- Jhanjharpur, District- Madhubani, orderly in Karpuri Thakur Sanskrit Prathmik Sah Madhya Vidyalaya, Bahadurpur, Choura Mahrail, P.S.- Jhanjharpur, District- Madhubani.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Human Resources Development Department Government of Bihar, Vikash Bhawan, Patna. 2.
The Special Director, Secondary Education, Incharge Sanskrit, Education Department, Government of Bihar, Vikash Bhawan, Patna. 3.
The Bihar Sanskrit Shiksha Board, Bihar, Patna through its Secretary. 4.
The Chairman, Bihar Sanskrit Shiksha Board, Bihar, Patna. 5.
The Secretary, the Bihar Sanskrit Shiksha Board, Bihar, Patna. 6.
The District Education Officer, Madhubani, District- Madhubani. 7.
The District Programme Officer, Establishment, Madhubani DistrictMadhubani. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Kumar Ishwar For the BSSB Mr. Satyam Shivam Sundaram Mr. Ankita Mr. Aman Kumar For the State :
Mr. Government Advocate (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 29-06-2026 Heard learned counsel for the petitioners and learned
2/4 counsel for the respondent-State.
2. Learned counsel for the petitioners submits that the issue involved in the present writ application is no longer res integra and their case is squarely covered by a judgment dated 13.08.2019 passed in LPA No. 43 of 2016 and its analogous cases, which has been brought on record by way of AnnexureP/7. He, therefore, submits that this writ application may be disposed of, granting liberty to the petitioners to file an appropriate representation before the District Education Officer, Madhubani (respondent no.6), in the light of the said judgment delivered in the LPA No. 43 of 2016 and its analogous cases. He further prays that an appropriate direction may be issued to the District Education Officer, Madhubani (respondent no.6) to dispose of the representation, which would be filed by the petitioners, within a fixed time-frame, after giving an opportunity of hearing to the petitioners.
3. To the aforesaid submission made by learned counsel for the petitioners, learned counsel appearing for the respondent-State submits that the case of the petitioners is not fully covered by the judgment dated 13.08.2019 passed in LPA No. 43 of 2016 and its analogous cases (Annexure-P/7) and, therefore, certain reliefs claimed by the petitioners cannot be
3/4 granted in the light of the said judgment.
4. Considering the limited nature of prayer made by learned counsel for the petitioners, which is only confined to filing of a representation, this Court considers it appropriate to dispose of the present writ application, granting liberty to the petitioners to file a representation before the District Education Officer, Madhubani (respondent no.6) within one month from the date of this order. If such a representation is filed within the stipulated time, the same shall be heard and disposed of within a period of three months from the date of filing of the representation, after giving an opportunity of hearing to the petitioners and other concerned parties.
5. It shall be open for the respondent-State to demonstrate before the District Education Officer, Madhubani (respondent no.6) that the petitioners are not entitled to certain reliefs, in terms of the said judgment dated 13.08.2019 passed in LPA No. 43 of 2016 and its analogous cases (Annexure-P/7)
6. Needless to emphasize that the final order, which shall be passed by District Education Officer, Madhubani (respondent no.6), should be a reasoned and speaking order, and in case the petitioners are found entitled to the reliefs, which the petitioners would be claiming through the representation, the
4/4 same should be extended to the petitioners within a further period of three months from the date of passing of the final order by District Education Officer, Madhubani (respondent no.6) respondent no.3.
7. With the aforesaid observation/direction and liberty granted, this writ application stands disposed of.
8. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of. (Alok Kumar Sinha, J) HR/- U