Koushal Kishor Thakur vs The State Of Bihar
2022 Latest Caselaw 2103 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.23 of 2020
     ======================================================

1. Koushal Kishor Thakur Son of Nageshwar Thakur, Resident of Village-

Narkatia, P.S.-Kharik, District-Bhagalpur.

2. Om Prakash Roy, Son of Rajendra Pd. Roy, Resident of Village-

Chouhantola, P.s. Sadar City, District-Purnea.

3. Birendra Kumar, Son of Maheshwari Prasad Yadav, Resident of Village-

Kabir Math, Raypur, Matia, P.S. Rani Patra, District-Purnea.

4. Anil Kumar Sah, Son of Bindeshwari Sah, Resident of Village-Madhura Tola, P.S.-Sarsi, District-Purnea.

5. Sweta Bharti, D/o Shiv Kumar Choudhary, C/o Dr. Diwakar Prasad Sinha, Chandralaya, Navratan Hota, Near Ambition, District-Purnea.

6. Vijay Kumar Bhagat, Son of Shri Gulab Chandra Bhagat, C/o Bipin Kumar, Satbhama Sahay Gali, Near Dr. A.K. Gupta, Navratan Hata, District-Purnea.

7. Jay Prakash Narayan, Son of Basawan Ram, Resident of Mohala-Powerganj (Ara), P.S. Nawada, District-Bhojpur (Ara).

8. Umesh Dubey, Son of Shiva Yagya Dubey, Resident of Village-Mahadeopur, P.S.-Pranpur, District-Katihar.

9. Gauri Shankar Kumar, Son of Kamleshwari Pd. Yadav, Resident of Village-

Sabaila, P.S.-Madhepura, District-Madhepura.

10. Amrit Kumar, Son of Basuki Nath Sha, Resident of Village-Sukhsena, P.S. B. Kothi, District-Purnea.

11. Keshri Nanadan Jha, Son of Vidyanand Jha, Resident of Village-Sukhsena, P.S.-Barhara Kothi, District-Purnea.

12. Prem Shankar Jha, Son of Balbhadra Jha, Resident of Village-Kukroun No.

-01, P.S.-Dhamdaha, District-Purnea.

13. Chandra Shekhar Singh, Son of Late Birendra Prasad Singh, Resident of Village-Karmanchak, P.S.-Bhawanipur, District-Purnea.

14. Archana, D/o Shivendra Jha, Resident of Purvi Laxmi Nagar, Khemnichak, District-Patna.

15. Kumar Sourav, Son of Govind Nath Dutta, Resident of Barso Bazar, Near Jain Mandir, P.S.-Barsoi, District-Katihar.

16. Manisha Kumar Choubey, C/o Dilip Kumar Tiwari, Resident of Parwati Hata, Bhatta Bazar, District-Purnea.

17. Rajesh Ranjan, Son of Jai Narayan Yadav, Resident of Village-Malahriya, P.S. Baisi, District-Purnea.

18. Rakesh Kumar, Son of Ram Jiwan Singh, Resident of Village-Chakmahmad, P.S.-Desari, District-Vaishali.

19. Ram Kumar Chaubey, Son of Late Rameshwar Chaubey, Resident of Village-Shahpur UNDI, P.S.-Patory, District-Samastipur.

20. Manoj Kumar Ojha, Son of Sri Mukteshwar Nathosha, Resident of Village-

Gami Tola, Katihar, P.S. Katihar, District-Katihar. Patna High Court CWJC No.23 of 2020 dt.13-04-2022

21. Sushil Kumar, Son of Shree Brajnandan Prasad Yadav, Resident of Village-

Arraha, P.S. Arraha, District-Madhepura.

22. Jai Kumar, Son of Rajeshwar Prasad Yadav, Resident of Village-Khari, P.O. Parmanandpur, Ward No. 13, District-Madhepura.

23. Rajesh Kumar, Son of Chandeshwari Yadav, Resident of Village-

Kolhaypatti, P.S. Murliganj, District-Madhepura.

24. Sweta Kumari, D/o Nityanand Chodry, Resident of Village-K. Hat, Madhubani, District-Purnea.

25. Kanchan Kumari, D/o Upendra Prasad Singh, Resident of Village-

Mishrinagar, Gehuma, P.S. Jalalgarh, District-Purnea.

26. Soni Sonam, D/o Sushil Kumar Mehta, Resident of Village-Damgara, P.S. Damgara, District-Purnea.

27. Jotna Kumari Azad, D/o Ashok Kumar Azad, Resident of Village-Kalyanpur, P.S. K. Nagar, District-Purnea.

28. Rakesh Roshan, son of Late Sindhu Nath Thakur, Resident of Village-

Raypura, P.S. Bhawanipur Rajdham, District-Purnea.

29. Santosh Kumar, C/o Shiv Shankar Thakur, Resident of Village-Bihariganj (Maharsimehi Nagar), P.S. Bihariganj, District-Madhepura.

30. Surya Prakash, Son of Late Dr. Jagannath Prasad, Resident Purnea Court, Purnea.

31. Sudhir Kumar Sudhakar, Son of Late Ram Narayan Prasad Bhagat, Resident of Village-Ramphal Sah Tola (Saptiyahi Ward No. 2, Saharsa, P.S. Saharsa, District-Saharsa.

32. Medhatithi Chandan, Son of Mithilesh Kumar, Resident of Village-

Bishanpur, P.S. Supaul, District-Supaul.

33. Rajesh Kumar, Son of Narma Deshwar Pd. Singh, Resident of Village-

Dhabouli, P.S.-Saur Bazar, Ward No. 7, District-Saharsa.

34. Hena Safi, W/o Jawaid Equbal, Resident of Mohalla Naya Tola, Near Shiv Mandir, District-Purnea.

35. Dr. Sofia Bano, W/o Md. Zafar Rakib, Resident of Choti Masjid, Sipahi Tola, District-Purnea.

36. Birendra Kumar Yadav, Son of Jagdish Yadav, Resident of Village-Golma West Bathnaha, Ward No. 06, Golam, District-Saharsa.

37. Sandeep Kumar, C/o Sri Binod Kumar, Resident of Village-Balaha, P.S. Bawanipur, District-Purnea.

38. Mujahid, Son of Abdur Rauf, Resident of Village-Kadwa, P.S. Kasba, District-Purnea.

39. Md. Manzar Ali, Son of Md. Murtja Ali, Resident of Village-Loharpatti Road, Kishanganj, P.S.-Kishanganj, District-Kishanganj.

40. Santosh, Son of Sri Devnarayan Thakur, Resident of Village-Gosaigaon, P.S. Gopalpur, District-Bhagalpur.

41. Amit Aman Tyoti, Son of Jayant Kumar Jyoti, Resident of Village-Teja Tola, Mahipal Nagar, District-Katihar.

Patna High Court CWJC No.23 of 2020 dt.13-04-2022

42. Ashok Kumar, Son of Dhip Narayan Yadav, Resident of Village-Sahegarh, P.S. Madhepura, District-Madhepura.

43. Devendra Kumar, C/o bishwanath Pd. Yadav, Resident of Village-Kurkahi, P.S. Madhepura, District-Madhepura.

44. Brajesh Kumar, Son of Bramdev Prasad Yadav, Resident of Village Koshkapur, Ward No. 05, P.S. Raniganj, District Araria.

45. Ritu Singh, D/o Upendra Narayan Singh, Resident of Village-Raghunathpur Uttar, P.S. Bhargama, District Araria.

46. Satyanarayan Mahto, Son of Rambilash Mahto, Resident of Village-Mabbi, P.S. Rosera, District-Samastipur.

47. Sujeet Kumar, Son of Nityanand Choudhary, Resident of Village-

Mathurapur, P.S. Parbatta, District Khagaria.

48. Rashmi Kumar Jha, C/o Late Pramod Jha, Resident of Village-Shanti Nagar, Near Kosi Appartment, Manthli Chowk, District Purnea.

49. Manoj Kumar, Son of Bindeshwari Prasad Yadav, Resident of Village-

Amari, P.S. Dhamdha, District Purnea.

50. Ashwini Jha, Son of Trilok Nath Jha, Resident of Village-Korathari, Maithil Tola, District Purnea.

51. Vivek Kumar, Son of Diwakar Jha, Resident of Village-Sri Nagar Lata in front of Batcha Jail, District Purnea.

52. Rakesh Kumar Mehta, Son of Ashok Kumar Mehta, Resident of Village-

Dahgama, P.S. Karjain Bazar, District Supaul.

53. Chandan Kumar Guptas, Son of Late Jagdish Gupta, Resident of Village-

Rajhat Banmankhi, P.S. Banmankhi, District Purnea.

54. Nutan Mala Sinha, W/o Mr. Ajay Kumar, Resident of Navratun Hata, District Purnea.

... .

.. Petitioner/s Versus

1. The State of Bihar

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Finance Secretary, Finance Department, Government of Bihar, Patna.

4. The Director, Secondary Education, Government of Bihar, Patna.

5. The District Education Officer, Purnea.

6. The District Programme Officer, Purnea.

7. The District Officer Information and Science, Purnea.

... ..

. Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 18156 of 2019 ======================================================

1. Arun Kumar Tiwary Son of Shalik Ram Tiwary, R/o Vill.- Kenudi, P.S.- Patna High Court CWJC No.23 of 2020 dt.13-04-2022

Magadh Medical Distt.- Gaya.

2. Jainendra Kumar Pandey Son of Sri Krishna Pandey, Resident of Village-

Pongadhi, Mednipur Nasrigang, P.S.- Dinara, District- Rohtas.

3. Shashi Prakash Natrajan Son of Dinesh Singh, Resident of Village- Khandol, Khandaul, Bhojpur, Fhulari, P.S.- Sandesh, District- Bhojpur at Ara.

4. Rakesh Kumar Choubey Son of Harihar Nath Choubey, Resident of Village-

Waina, P.S.- Nawanagar, District- Buxar.

5. Ajay Kumar Dubey, Son of Birendra Dubey, Resident of Village- Dubey Dihari, Haribanspur, Natwar Khurd, P.S.- Dinara, District- Rohtas.

6. Harendra Kumar Tripathi Son of Rangnath Tripathi, R/o Village- Kuri, Meari Bazar, P.S. Nokha, District -Rohtas.

7. Akhilesh Kumar Srivastav Son of Devashish Prasad, Resident of Neojnalay Gali, New Aria, P.S. Dehri, onsone, District- Rohtas.

8. Rajesh Kumar Singh Son of Sheshnath Singh Yadav, R/o Village- Sarai, Jandha Sarai, Kaimur, P.S. Ramgarh, District- Kaimur.

9. Nagmani Singh Son of Ram Pravesh Singh, R/o Village- Kaithi, B.- Kaithi, Nasriganj, P.S. Kachhva, District- Rohtas.

10. Vijay Kumar Singh Son of Shivmurat Singh, R/o Village- Torani, P.S.-

Shivsagar, District- Rohtas.

11. Raju Ranjan Son of Vishwanath Singh, Resident of Panjabi Muhalla Premchand Road, Gaurakshni, P.S. Sasaram, District- Rohtas.

12. Surjit Kumar Son of Late Ram Sarekha Singh, R/o Village- Ekwaniya, Barahari, Garh Nokha, P.S.- Kochas, District- Rohtas.

13. Jitendra Kumar, Son of Ram Subhag Singh, Resident of Village- Bairi, P.S.-

Sanjhauli, District- Rohtas.

14. Ashutosh Kumar, Son of Maheshwar Singh, R/o Village- Inai Saran (Dakishin Patti), P.S. Rivilganj, District- Saran.

15. Guddoo Kumar, Son of Ram Pukar Pandey, R/o Village- Bagwan, P.S.-

Garhani, District- Bhojpur.

16. Kriti Kumari Daughter of Jai Prakash Pandey, R/o 02 Akash Deep Colony, Budh Bazaar, Bhurkunda, River Side Bhurkhunda Ramgarh Jharkhand, District- Jharkhand.

17. Deepak Bhushan Son of Jitendra Singh, R/o Villagle- Kharwaniya, School Ke Pass Kharwaniya, P.S.- Sikraul Lakh, District- Buxar.

18. Kuber Singh Son of Surendra Singh, R/o Khalasi Mohalla- P.S.- Buxar, District- Buxar.

19. Arvind Kumar Singh Son of Sri Ramji Singh, R/o Village- Hata, P.S.-

Chenari, District- Rohtas.

20. Sandeep Kumar Verma Son of Ashok Kumar Verma, R/o Village- Bari Tola, Ward No. 22, P.S.- Buxar, District- Buxar.

21. Ranjan Deo Son of Satya Narayan Yadav, R/o Villagle- Kashipur, Yadav High School, Ward No. 2, Murliganj Medhepura Murliganj, P.S.- Kashipur, District- Madhepura.

Patna High Court CWJC No.23 of 2020 dt.13-04-2022

22. Pravindra Kumar Upadhyay Son of Rajendra Upadhyay, R/o Kanjharua Kamdharpur, P.S.- Koran Sarai, District- Buxar.

23. Arvind Kumar Tiwari Son of Prahlad Tiwari, R/o Askamini Nagar Bikaramganj, Bikramgamj Rohtas, P.S.- Dinara, District- Rohtas.

24. Uma Shankar Pandey Son of Sri Mudrika Pandey, R/o Village- Mahuari, P.S.- Kochas, District- Rohtas.

25. Bainkat Raman Tiwary Son of Dadan Tiwary, Resident of Village- Ward No. 10, Mohaniyan, P.S.- Mohaniyan, District- Kaimur, Bhahbhua.

26. Baidyanath Yadav Son of Late Ramlakhan Yadav, R/o Village- Durgichak Haridih Darbhanga, P.S. Baheri, District- Darbhanga.

27. Sumant Kumar Tiwary Son of Satyadev Tiwary, Resident of Village-

Chhotaki Nainijo Diara Panchhim, Police Station- Nainijor, District- Buxar.

... ...

Petitioner/s Versus

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

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Joint Secretary, Education Department, Government of Bihar, Patna.

4. The Director, Secondary Education, Government of Bihar, Patna.

5. The District Education Officer, Rohtas, Sasaram.

6. The District Program Officer, (Establishment), Rohtas, Sasaram.

... ...

Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 20384 of 2019 ======================================================

1. Arvind Kumar Mishra Son of Sri Rameshwar Mani Mishra, Resident of Village-Chargharwa, District-West Champaran at Bettiah.

2. Sandeep Kumar, Son of Sri Krishna Mohan Singh Resident of Cillage and P.O.-Teluha, P.S.-Nautan, District-West Champaran at Bettiah.

3. Kamalesh KUmar Thakur Son of Sri Krishnath Thakur, Resident of Village-

Bari Deoria, P.O.-Hathua, P.S.-Hathua, District-Gopalganj.

4. Alok Kumar Son of Sri Kedar Prasad Singh Resident of Village-Pojha, P.O.-

Babhantoli, P.S.-Goraul, District-Vaishali.

5. Pramod Kumar Son of Sri Bharat Prasad, Resident of Village-Murarpatti, P.O.-Kilpur, P.S.-Nautan, District-Siwan.

6. Karmver Kumar Maurya, Son of Sri Yogesh Prasad Maurya, Resident of Village and P.O.-Kothua Sarangpur, P.S.-Daraunda, District-Siwan.

7. Ram Krishna Son of Sri Surendra Chaubey, Resident of Village-Rampur, P.O.-Rampur, P.S.-Singhwara, Districrt-Darbhanga.

8. Rajoo Kumar Son of Vidya Sagar Pandey, Resident of Village-Bangra, P.O.-

Paharpur, P.S.-Baikunthpur, District-Gopalganj. Patna High Court CWJC No.23 of 2020 dt.13-04-2022

9. Rakesh Kumar Sharma Son of Jai Prakash Sharma Resident of Village-

Kadipur Bangra, P.O.-Nagra, P.S.-Khaira, District-Saran at Chapra.

10. Shakti Nath Mishra Son of Sri Vishwanath Mishra Resident of Village-

Masahi, P.O.-Padron, P.S.-Gaunaha, District-West Champaran at Bettiah.

11. Mamta Verma Wife of Sri Anup Kumar Tiwari Resident of Village-

Laghunaha Tiwari Tola, P.O.-Laghunaha, P.S.-Chanpatiya, District-West Champaran, at Bettiah.

12. Rahul KUmar Singh Son of Sri Bashishth Narayan Singh Resident of Village and P.O.-Sultanpur East, P.S.-Mohiuddin Nagar, Dist-Samastipur.

13. Amarnath Prasad Son of Sri Mahanth Sah, Resident of Village-Rasauli Bindtoli, P.O.-Rasauli, P.S.-Panapur, District-Saran at Chapra.

14. Rashmi Rani, Daughter of Sri Ramesh Kumar Padney, Resident of Village-

Padukia, P.O. - Chanpatiya, Choubey Tola, P.S.- Chanpatiya, District- West Champaran at Bettiah.

... ..

. Petitioner/s Versus

1. The State of Bihar through the Director, Secondary Education, Govt. of BIhar, New Secretariat, Patna.

2. The Director, Secondary Education, Govt. of BIhar, New Secretariat, Patna.

3. The District Education Officer, West Champaran at Bettiah.

4. The District Programme Officer (Establishment), West Champaran at Bettiah.

5. The Headmaster, Gutti Lal Girls Senior Secondary and 2 School, Ramnagar, District-West Champaran at Bettiah.

6. The Headmaster, and 2, High School, Narkatiyaganj, District-West Champaran at Bettiah.

7. The Headmaster, and 2 Govt. High School, Chanpatiya, District-West Champaran at Bettiah.

8. The Headmaster, Yugal Prasad Senior Secondary School, Bhaisahi, Chanpatiya, District-West Champaran at Bettiah.

9. The Headmaster, J.K. and 2 High School, Chamua, District-West Champaran at Bettiah.

10. The Headmaster, and 2, Baidyanath High School, Laxmipur, Yogapatti, District-West Champaran at Bettiah.

11. The Headmaster, and 2 Govt. Sri Harihar High School, Patilar, Baga 1, District-West Champaran at Bettiah.

12. The Headmaster, Bangar Kunwar Senior Secondary and 2 Girls School, Lauriya, District-West Champaran at Bettiah.

13. The Headmaster, Hargun and 2 High School, Sariswa, Majhauliya, District-

West Champaran at Bettiah.

... ...

Respondent/s ====================================================== Patna High Court CWJC No.23 of 2020 dt.13-04-2022

with Civil Writ Jurisdiction Case No. 21774 of 2019 ======================================================

1. Madhuri Kumari W/o Udai Kumar Angbhumi, Road No. 09, Flat No. 11, P.s.- Keshrinagar, District- Patna

2. Swati Kumari D/o Harihar Singh Resident of Mohanpur, P.s.- Begusarai, distt.- Begusarai

3. Pallavi Jayant D/o Jayant Kumar Resident of Patut Pakrandha P.s.-

Pakrandha, Distt.- Patna

4. Romi Kumari D/o Girish Kumar Srivastava Resident of 731, A, Hapad Colony, Mughalsarai, P.s.- Chandauli, distt.- Mughalsarai (U.P.)

5. Ranjit Kumar S/o Mukhlal Sah Resident of Shekhpura, Ramkrishna Nagar, P.s.- new Jakkanpur, distt.- Patna

6. Nilkamal S/o of Kamlesh Singh Resident of 238/b, Bihari Mill Shiv Mandir, Arrah, P.s.- Arrah, distt.- Bhojpur

7. Chanda Kumari W/o Manoj Kumar Dubey Resident of Hanuman Mandir Road, Siyal Danga, Kulti, P.s.- Kulti, Distt.- Barddhaman (West Bengal)

8. Alok Kumar Sharma Resident of Village- Barkagaon, P.s.- Tarari, Distt.-

Bhojpur

9. Priti Kumari W/o Raj Kishore Pandey Resident of Jamuan, P.o.- Jamuan, P.o.- Piro, Distt.- Bhojpur

10. Dharmavijaya Kumar S/o Janeshwar Sharma Resident of Near Gayatri Chowk Vishnu Nagar, P.s.- Arrah, Distt.- Bhojpur

11. Santosh Kumar S/o Krishna Kumar Rai Resident of East Nawadah Near Kali Mandir, P.s.- Arrah, Distt.- Bhojpur

12. Bimlesh Kumar Tiwari S/o Ramashankar Tiwari Resident of Village-

nawadah, P.s.- Nawadah Arrah, Distt.- Bhojpur

13. Rinku Rai S/o Hari Kishun Rai Resident of Village- Sondhi, P.s.- Jadishpur, Distt.- Bhojpur

14. Dhriti Praad S/o Ajit Prasad Mehta Resident of Ward No. 15, Pakri, P.s.-

Arrah, Distt.- Bhojpur

15. Sanjay Kumar sharma S/o Ram Nagina Sharma Resident of Ward No. 14, bamarsi Tola, Katya, P.s.- Behea, Distt.- Bhojpur

16. Suraj Prakash Singh S/o Lalan Singh Resident of Village- Kundesar, P.s.-

Shahpur, Distt.- Bhojpur

17. Naved Akhtar S/o Mohammad Muzaffar Nasim Resident of Kadari Ward No. 9, P.s.- Rani Sagar, Distt.- Bhojpur

18. Prem Prakash Chaturvedi S/o Brahamdeo Choubey Resident of Jabahi diyar, p.s.- Brahampur, Distt.- Buxar

19. Harshit S/o Birendra Singh Resident of Chitragupta Colony, P.s.- Nawadha, Arrah, Distt.- Bhojpur

20. Rajiv Ranjan Dubey s/o Shiv Narayan Dubey Resident of Ram Nagar, Chandava, P.s.- Nawada, Arrah, Distt.- Bhojpur

21. Sunil Kumar Bhagat S/o Satyarajit Bhagat Resident of Ghagha, P.s.- Patna High Court CWJC No.23 of 2020 dt.13-04-2022

Bihiyan, Distt.- Bhojpur

22. Ravi Ranjan Paswan S/o Jokhu Paswan Resident of Ankorha, P.s.- Dinara, Distt.- Rohtas

23. Anju Kumari D/o Awadhesh Prasad Resident of Shrirampur, P.s.- Sherghati, Distt.- Gaya

24. Vivek Kumar suman S/o Murlidhar Singh Resident of Sadhpurballi, P.s.-

Lejuar, Distt.- saran

25. Vivek Kumar Tripathi S/o Shivdutt Tripathi Resident of Mathurapur, P.s.-

Jagdishpur, Distt.- Bhojpur

26. Manish Kumar Ojha S/o Hari Govind Ojha Bandhan Tola, Near Dr. Urmila Mishara, P.s.- Arrah, distt.- Bhojpur

27. Munna Kumar Singh S/o Harendar Singh vill.- Dumri Adda, P.s.- Dumri, Distt.- saran

28. Abhishek Prasar S/o Ajit Kumar Dubey Resident of Ward No. 11, Arrah, Pakri, P.s.- Arrah, distt.- Bhojpur

29. Vijay Kumar Sah S/o Sita Ram Sah Resident of Takhat Vindi, p.s.-

Baniyapur, Distt.- Saran

30. Vinod Kumar S/o Shriram Prasad Resident of Kapuri, P.s.- Nawadah, Distt.-

Bhojpur

31. Shashi Prakash Sharma S/o Ramlal Thakur resident of Mansagar, P.s.-

Mansagar, Distt.- Bhojpur

32. Ravi Kumar Pandit S/o Rajedra Pandit resident of Village- Rajajan, P.s.-

Rajajan, Distt.- Samastipur

33. Dipti Jain W/o Ravish Kumar Jain Resident of Mahajan Tola, Mahaveer Book Stall, P.s.- Arrah, Distt.- Bhojpur ...

... Petitioner/s Versus

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

2. Director (Secondary Education) Education Department, Bihar, Patna

3. District Education Officer Bhojpur, Arrah

4. District Programme Officer (Secondary Education) Bhojpur, Arrah ... ...

Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 22584 of 2019 ======================================================

1. Prakash Kumar Ray Son of Shree Narayana Ray, Resident of Village-

Gauchari Ward No. 4, Police Station-Belthar, District-West Champaran.

2. Shatrughan Kumar, Son of Dhruvnath Singh, Resident of Village-50, Bangru, Dabchhu, Police Station-Siwan Town, District-Siwan.

3. Narayan Kumar Jha, Son of Shib Sunder Jha, Resident of Village-Sudai, Patna High Court CWJC No.23 of 2020 dt.13-04-2022

Ward No. 6, Police Station-Ratauli, District-Madhubani.

4. Anup Shukla, Son of Om Prakash Shukla, Resident of Village-Ward No. 14, Ramnagar, Police Station-Ramnagar, District-West Champaran.

5. Alok Kumar Dubey, Son of Prabhunath Dubey, Resident of Village-

Hajiyapur, Ward No. 9, Police Station-Gopalganj, District-Gopalganj.

6. Anamika Kumari, Wife of Rupesh Singh, Resident of Village-Ward No. 6 Chailabhar, Police Station-Majhaulia, District-West Champaran.

7. Kumar Brij Kishor, Son of Ramakant Singh, R/o Village-Jaitpur Bharwalia, P.S. Bharwalia, District-Saran.

8. Rahul Kumar Chaudhary, Son of Jagnath Chaudhary @ Jagarnath Chaudhary, Resident of Village-Khangura, Police Station-Katra, District- Muzaffarpur.

9. Rateesh Ranjan, Son of Tarkeshwar Dubey, R/o Village-Harsari, P.S. Shikarpur, District-West Champaran.

10. Pradeep Kumar, Son of Lalan Prasad, Resident of Village-Mateya Khave, Police Station and District-Gopalganj.

11. Nand Kishor Prasad, Son of Kamla Prasad, Resident of Village-Semra, P.S.-

Thawe, District-Gopalganj.

12. Upendra Kumar Jaiswal, Son of Yugal Kishore Jaiswal, Resident of Village-

Harnatant, Police Station-Belthar, District-West Champaran.

13. Binay Prakash, Son of Nathuni Pandey, Resident of Ward No. 23 In front of St. Michal Pep School Gate, Kamal Nath Nagar, Police Station-Bettiah, District-West Champaran.

14. Chandra Shekhar Singh, Son of Nagendra Singh, Resident of Village-

Nadhna M. Biraicha, Police Station-Barauli, District Gopalganj.

15. Anand Kumar Srivastava @ Anand Kr. Srivastava, Son of Awadhesh Prasad Srivastava, Resident of Village-Nanhkar, P.S.-Shikarganj, District-West Champaran.

16. Jhuneshwar Thakur, Son of Sudarshan Thakur, Resident of Village-Ward no. 13, Devnagar, Police Station-Bettiah, District-West Champaran.

17. Sumit Kumar Singh, Son of Ram Babu Singh, Resident of Village-Amar Chhatauni, Police Station-Chhatauni, District-East Champaran.

18. Mahesh Kumar, Son of Lalan Chaudhary, Resident of Village-Bakartur Jagat Chaube Tola, Police Station-Kalyanpur, District-East Champaran.

19. Avinash Kumar, Son of Binod Bihari Thakur, Resident of Village-Ward No. 10, Rajapakar, Police Station-Sakra, District-Muzaffarpur.

20. Munna Kumar Chaudhary, Son of Shankar Chaudhary, Resident of Village-

Sipaya Bazar, Police Station-Kuchaikot, District-Gopalganj.

21. Chinta Haran Singh, Son of Krishna Nandan Singh, Resident of Village-

Ward No. 17, Ring Bandh Laxman Nagar, Near-Pili Kuli, Police Station- Sitamarhi Town, District-Sitamarhi.

22. Taufique Ahmad, Son of Shafi Ahmad, Resident of Village-Naraul, Post-

Jitpur, Police Station-Chhauradano, District-East Champaran.

23. Man Mohan Kumar Singh, Son of Dhruv Singh, Resident of Village-Sareya Patna High Court CWJC No.23 of 2020 dt.13-04-2022

Ward no. 3, Manikpur, Police Station-Gopalganj, District-Gopalganj.

24. Aditya Kumar Singh, Son of Chitranjan Kumar Singh, Resident of Village-

Aku Chak, Post-Rajdhani, Police Station-Saran, District-Saran.

25. Rakesh Kumar Tiwari, Son of Dinesh Kumar Tiwari, Resident of Village-

Batainiyan, Police Station-Vijaipur, District-Gopalganj.

... ...

Petitioner/s Versus

1. The State of Bihar through its Principal Secretary, Department of Education, Govt. of Bihar, Patna.

2. The Director, Secondary Education Department, Govt. of Bihar, Patna.

3. The District Magistrate, West Champaran at Bettiah.

4. The District Education Officer, West Champaran at Bettiah.

... ...

Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 2390 of 2020 ======================================================

1. Ishwardayal Prasad Son of Baleshwar Prasad, resident of village- Dariyapur Prem, P.O.- Dariyapur Prem, Patna, Masaurhi, Bihar- 801110.

2. Narendra kumar singh, Son of Rambriksh Singh, resident of Dharaut, P.O.

and P.S. and Distt. - Jahanabad, Pin - 804405.

3. Vipul kumar, son of Baleshwar Prasad Singh, resident of village- Chunki Math, P.O.- Shahar telpa, P.S.- shahar Telpa Distt.- Arwal Pin- 804419.

4. Prem PRatap, son of Balmukund Singh, resident of executive Hostel, river side, Bharkunda, Dundua, Ramgarh, State- Jharkhand, Pin- 829135

5. Dhananjay Mishra, son of Rajendra Mishra, resident of village - Telpa, P.O.-

Nepa Fatehpur, P.S. - Tekari fatehpur, Distt.- Gaya, PIN- 824236.

6. Anil kumar Kashyap, resident of village - Nawhatta, P.O.- Nawhatta, P.s.-

Nawhatta Rohtas, Baulia, Bihar, Pin- 821304.

7. Harendra Kumar, Son of Arjun Singh, resident of village and P.O.-

Kazisaray, P.S.- Kako Dharahara, Distt- Jahanabad, Bihar, Pin- 804420.

8. Basant Kumar Sinha, Son of Baleshwar Prasad sinha, resident of Shripur, P.O. and P.S.- Shripur, Distt.- Gaya Pin- 824233.

9. Md. Maqsood Alam, son of Md. Shabuddin, resident of village - 4 dhobri, P.O. and P.S.-0 Dhobha, Distt- Bhojpur, Bihar, Pin- 802201.

10. Kamlesh Kumar Singh, S/O Sudama Singh, resident of Pardahi, P.O.-

Pangar, P.S. rafiganj, Distt Aurangabad, Bihar.

11. Manish Kumar, Son of Gopal Ram, resident of Yamuna Nagar near home guard office, Aurangabad, Dist- Aurangabad. Pin - 824101.

12. Jyoti Kumari, wife of Mangal Panday, resident of village - Khshahallpur landmark, P.O.- Belghat Balua, distt- Bhojpur, Pin - 802312.

13. Sushma Kumari, D/o- Ramashish Ram, resident of Gaya road, New Area, Patna High Court CWJC No.23 of 2020 dt.13-04-2022

Bhakharuan more, P.O. and P.S.- Bhakharua, Distt- Aurangabad, Pin 824113.

14. Priyanka Kumari, D/o vishwanath Upadhyay, resident of Adarsh coloney, near- Pir baba, Arrah, Bihar, Pin- 802301.

15. Kabita Kumari, W/o Venkatesh Sharma, resident of house no. 990 A block, Tyagi Market (Near) Dhabua coloney, Faridabad, State- Haryana, Pin- 121001.

16. Jyoti Kumari bala, W/o Vywhar kumar, resident of village - Jethwar P.O. and P.S.- Tetari, Distt- Bhojpur, Pin- 802201.

17. Shankar Kumar, Son of Bhuneshwar Prasad, resident of Pareya P.O.-

Choubey, Distt- Nawada, Pin- 805127.

18. Soni Kumari, D/o Krishna singh, resident of village - fakharpur, P.O. and P.S. fakharpur, Distt.- Arwal, Pin- 804401.

19. Reema kumari, D/o Shyam Prasad Dwidi, resident of Sujatpur, P.O. and P.S.- Sujatpur, Distt- Madhubani, Pin - 843319.

20. Ajit Kumar, son of Ram Naresh Baitha, resident of Mohalla- Koch, Distt-

P.O. and P.S.- Koch, Distt- Gaya, Pin - 824207.

21. Krishna Mohan Thakur, Son of Ram Ishwar Thakur, resident of ward no. 13 (Near- Thakurbari), Alipur Hatta, P.O.- Lipur Hatta, Distt- Vaishali, Pin 844506.

22. Kaushal Kishore, son of Dinesyh Prasad Singh, resident of ward no. -09, At and P.O. and P.S.- Ghaushpur Ijar, Distt- Vaishali, Pin - 844102.

23. Ashok Kumar Ranjan @ Ashok Prasad Yadav, resident of village Nima, P.O.

- Elr Gahlour, Distt- Gaya, Pin - 823311.

24. Arbind Kumar, Son of Ganesh Mishra, resident of Satsang Nagar Jahanabad, P.O. and P.S.- Jahanabad, Distt- Jahanabad, Pin- 804408.

25. Rajiv Ranjan, Son of Shiv Prasad, resident of village - Ram Kishun Bigha, 15, Ram Kishun Bigha, P.O. and P.S.- Khajuri, Distt- Arwal. Pin - 804419.

26. Satya narayan kumar, Son of Dwrika Yadav, resident of village - Guljar Bigha, P.O.- Khajuri, P.s.- Karpi, Distt- Arwal. Pin - 804419.

27. Ajeet kumar singh, Son of Ram pravesh singh, resident of village -

Pashurampur, P.O.- Surangapur, P.s.- Jahanabad, Distt- Jahanbad, Pin- 804429.

28. Gaurav Kumar, Son of Deodeep Ram, resident of village - Mirzapur, P.O. and P.S.- Ankuri, Distt- Aurangabad, Pin- 824203.

29. Krishnadeo Prasad, Son of Basudeo Prasad Yadav, resident of village -

Mohanpur, P.O.- bahadurpur, Rajulli, Distt- Nawada, Pin - 805125.

30. Ram Kripal Singh, Son of Suchit Singh, resident of village - Taraitha, P.S.-

Taraitha, P.s.- Rirtha, Distt- Kaimur (Bhabhua), Pin- 802132.

31. Kumari Pratibha Singh, W/o Kumar Vishwa Dipak, resident of village -

Pratappur, P.O. and P.S.- Pratappur, Distt- Bhojpur, Pin- 802161.

32. Kamlesh Kumar Tripathi, Son of Umakant Tripathi, resident of Mohalla-

Shahtri nagar, Gali No. - 03, At and P.O. and P.S.- Gaya, Distt- Gaya, Bihar, Pin- 823001.

33. Asha Kumari, D/o - Dinesh Roy, resident of Ward no. -28, Lohiya Nagar, Patna High Court CWJC No.23 of 2020 dt.13-04-2022

Panhans, Begusarai, Shahid Nagar, Bihar, Pin - 851218.

34. Sanjay Kumar, son of Jagadish Prasad, resident of village - Umrai bigha, P.O.- Sharthua, P.S.- Mukdumpur, Distt- Jahanabad, Bihar.

... ...

Petitioner/s Versus

1. The State of Bihar through the secretary, Education Department Govt. of Bihar, Vikash Bhawan, Patna-1.

2. The Director Secondary Education, Govt. of Bihar, Vikash Bhawan, Patna-

1.

3. The Deputy Director Secondary Education education, Govt. of Bihar, Vikash Bhawan, Patna- 1.

4. The District education Officer, Arwal.

5. The District Programme Officer, Secondary Education, Arwal.

... .

.. Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 16483 of 2021 ====================================================== Ajit Kumar Parsuram Mishra Resident of Village-Vishnupuri, P.O.-Buxar, P.S.-Buxar Muffasil, District-Buxar.

... ..

. Petitioner/s Versus

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

2. The Deputy Secretary,Department of Education, Bihar, Patna.

3. The Director, Middle Education, Bihar Patna.

4. The Deputy Director, Middle Education, Bihar Patna.

5. The District Education Officer, Rohtas at Sasaram, District-Rohtas.

6. The District Program Officer, Sasaram, District-Rohtas.

7. The Principal/Headmaster, Bapu Smirti Nagesh and High School, Saisad, P.O. and P.S.-Dinara, District-Rohtas.

... ...

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

(In Civil Writ Jurisdiction Case No. 23 of 2020) For the Petitioner/s : Mr.Vipin Kumar, Adv. For the Respondent/s : Mr.Smt. Binita Singh (Sc28) (In Civil Writ Jurisdiction Case No. 18156 of 2019) For the Petitioner/s : Mr.Shama Sinha, Adv. For the Respondent/s : Mr.Ashutosh Ranjan Paney (Aag15) (In Civil Writ Jurisdiction Case No. 20384 of 2019) For the Petitioner/s : Mr.Bipin Bihari Singh, Adv., Mr. Shyama Kant Singh, Adv.

Patna High Court CWJC No.23 of 2020 dt.13-04-2022

For the Respondent/s : Mr.Subhash Chandra Mishra (Sc16) (In Civil Writ Jurisdiction Case No. 21774 of 2019) For the Petitioner/s : Mrs. Ritika Rani, Adv., Mr. Ravindra Kumar Shukla, Adv.

For the Respondent/s : Mr.Smt.Shilpa Singh (Ga12) (In Civil Writ Jurisdiction Case No. 22584 of 2019) For the Petitioner/s : Mr.Shashi Bhushan Pandey, Adv. For the Respondent/s : Mr.Jitendra Kr. Roy 1 (Sc13) (In Civil Writ Jurisdiction Case No. 2390 of 2020) For the Petitioner/s : Mr.Din Bandhu Mishra, Adv. For the Respondent/s : Mr.Subhash Chandra Mishra (Sc16) (In Civil Writ Jurisdiction Case No. 16483 of 2021) For the Petitioner/s : Mr.Ganesh Prasad Singh, Adv. For the Respondent/s : Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 13-04-2022

Heard learned counsels appearing in the

respective writ petitions.

The facts which require to be noticed are

that the recruitment of Secondary/ Senior Secondary

Teachers in the State of Bihar are to be made under

the provisions of Bihar Zila Parishad Madhyamik and

Uchch Madhyamik Shikshak Niyojan Niyamawali,

2006 (Amended from time to time) and Bihar Nagar

Nikay Madhyamik and Uchch Madhyamik Shikshak

Niyojan Niyamawali, 2006 (Amended from time to

time).

On account of protracted litigation in this

Court, which travelled up to the Hon'ble Supreme

Court, the recruitment remained stalled and, Patna High Court CWJC No.23 of 2020 dt.13-04-2022

therefore, a resolution was taken up by the State

Government on 25.01.2018 to take service of guest

teachers as alternate arrangements against the

vacant sanctioned posts in subjects of English,

Mathematics, Physics, Chemistry, Biology and

Botany.

The respective District Education Officers

were made as a competent authority to approve and

make available the services of guest teachers. On

24th July, 2018, the Additional Chief Secretary, who

was the Principal Secretary Education Department,

issued directions in respect of engaging guest

teachers to all the District Education Officer/ District

Programme Officer, directing them to complete the

process of engaging of guest teachers on the basis of

merit list prepared by them, latest by 05.08.2018.

For Districts of Sitamarhi and Araria, the cut off date

was fixed as 28th August, 2018. Instructions in this

regard were also circulated.

It was revealed later on that the engagement

of guest teachers had been done by the District

Education Officer even after cut off date. No prior Patna High Court CWJC No.23 of 2020 dt.13-04-2022

permission for conducting an exercise after cut off

date from Additional Chief Secretary was obtained.

Resultantly some of the petitioners were appointed

on the basis of a second merit list, published on 16 th

August, 2018 and appointments were given to them

on 16.08.2018 and they were directed to join by

21.08.2018.

By the impugned order dated 09.09.2019,

directions were issued to terminate the persons, who

were so appointed after the cut off date namely

05.08.2018 and consequent order was passed on

28th of November, 2019, which is under challenge

before this Court.

It is the case of the petitioners that rack

discrimination has been done by the Department and

only those, who were working as guest teachers in

Districts of Bettiah, Aurangabad, Rohtas and

Sasaram have been ear marked and their services

were dispensed with, while in other Districts the

guest teachers appointed after 5.08.2018 have been

allowed to continue.

Patna High Court CWJC No.23 of 2020 dt.13-04-2022

This Court at the preliminary hearing vide

order dated 17.04.2020, noticed that the petitioners'

services have been terminated at the cost of

students under going instructions in the Government

run Educational Institutions. Further, it also noticed

that the teachers had not been given any

opportunity of hearing before passing of the order

and therefore, proceeded to stay the operation of the

impugned order.

In one of the writ petition filed, almost of

similar nature, no interim order could be passed and,

therefore, all the writ petitions have come before this

Court along with the said writ petition for hearing.

Learned counsel appearing for the

Department submits that as the cut off date had

been fixed by the Principal Secretary Education to be

05.08.2018, no departure thereto could be done by

the respective District Education Officer and a

subsequent merit list could not have been published

nor any appointments could have been given

thereafter. The action, therefore, of terminating Patna High Court CWJC No.23 of 2020 dt.13-04-2022

services of such teachers cannot be said to be illegal

or unjustified.

In case of C.W.J.C. No. 2390 of 2020

(Ishwardayal Prasad & Ors. Vs. The State of Bihar &

Ors.), the learned counsel has pointed out that the

petitioners were appointed prior to 05.08.2018 and

therefore, there was no occasion to terminate their

services. They have wrongly been included in the

said list. Reply has been filed in the said case and

the said fact has not been denied.

Learned counsels appearing in C.W.J.C. No.

23 of 2020 (Koushal Kishore Thakur & Ors. Vrs. The

State of Bihar), submits that the petitioners were

appointed in the year 2018 and have continued for

more than one year and after one year of

appointment and continuity in service, as ad-hoc

guest teachers, their services could not have been

dispensed with by a blanket order without giving

them any opportunity of hearing.

Learned counsel in C.W.J.C. No. 18156 of

2019 (Arun Kumar Tiwary & Ors. Vs. The State of

Bihar & Ors.), submits that there was a panel Patna High Court CWJC No.23 of 2020 dt.13-04-2022

prepared and while the first merit list was published

prior to 05.08.2018, the second merit list was also

from the same panel, which was existing prior to

05.08.2018 and, therefore, it cannot be said that a

separate selection process was conducted after

05.08.2018. Further, it is submitted that the

appointments are on ad-hoc basis and their services

were already utilized for a period of one year and

ought to have been continued till regularly selected

persons are available.

Learned counsel appearing in C.W.J.C. No.

21774 of 2019 (Madhuri Kumari & Ors. Vrs. The State

of Bihar & Ors.), submits that the petitioners have

been subjected to discrimination apart from

adopting the arguments taken at bar, she submits

that a pick and choose method cannot be adopted

for terminating teachers, who are similarly situated.

In almost all the cases, the situation is alike and it is

the second merit list prepared from the panel, which

was operated upon. Merely because, prior sanction

was not taken from the Principal Secretary, services

could not have been dispensed with as admittedly Patna High Court CWJC No.23 of 2020 dt.13-04-2022

their services were required and the purpose of

appointment of guest teachers remain.

I have considered the submissions, so far as

C.W.J.C. No. 2390 of 2020 (Ishwardayal Prasad & Ors.

Vrs. The State of Bihar & Ors.) is concerned, since

the petitioners were appointed prior to 05.08.2018.

In view of the affidavit filed by the Chief Secretary,

which is on record, in case of C.W.J.C. No. 23 of 2020

(Koushal Kishore Thakur & Ors. Vs. The State of Bihar

& Ors.), the petitioners services could not have been

dispensed with as the appointments were treated as

regular prior to 05.08.2018 and the sanction was

given by the Principal Secretary.

The writ petition, therefore, deserves to be

allowed. The order of termination dated 28.10.2019

is quashed and set aside.

The Petitioners would be entitled to all the

consequential benefits and continuing of service.

As regards, C.W.J.C. No. 23 of 2020, C.W.J.C.

No. 18156 of 2019, C.W.J.C. No. 20384 of 2019,

C.W.J.C. No. 21774 of 2019, C.W.J.C. No. 22584 of

2019, C.W.J.C. No. 2390 of 2020 and C.W.J.C. No. Patna High Court CWJC No.23 of 2020 dt.13-04-2022

16483 of 2021 are concerned, this Court finds that

all the petitioners, who have been appointed prior to

05.08.2018, will be treated as having been appointed

on regular basis and their services will be continued.

Termination order passed in respect of them shall be

treated as quashed and set aside with all

consequential benefits as passed in C.W.J.C. No.

2390 of 2020 (Ishwardayal Prasad & Ors. Vs. The

State of Bihar & Ors.) (supra).

As regards, the teachers, who have been

appointed after 05.08.2018 are concerned, it is

noticed that in few of the Districts the teachers have

been allowed to continue, while in some other

Districts their services were dispensed with after a

period of having works for more than one year.

Their services were required and the very

appointment was with the purpose to provide

education to the students in a situation where

regular appointments could not be made. The power

of appointment was given to the District Education

Officer. The only objection which has come forth from

the Department is of violation of the order passed Patna High Court CWJC No.23 of 2020 dt.13-04-2022

by the Principal Secretary in not taking prior sanction

from him by the District Education Officer. It is not a

case where their appointments have been made by a

back door entry or without following due process of

law. At best the appointment can be said to be

irregular and post facto sanction could have been

always taken from the Principal Secretary for

continuing them. No action has been taken against

the District Education Officer.

This Court while passing the interim order in

their favour has also observed that principles of

natural justice were required to be followed which

have admittedly not been followed. The principle of

Audi alterem partem has been violated and any

action taken contrary to the same taking away a

vested right of an employee affecting his lief would

have to be treated as void ab initio. Hence, the

impugned action is un-sustainable in law.

In view thereof, these writ petitions deserve

to be allowed. The petitioners would be entitled to

reinstatement and continuity of service. As interim

order has already been passed in their favour, they Patna High Court CWJC No.23 of 2020 dt.13-04-2022

shall be allowed to continue till regularly selected

candidates are made available against the said post.

The interim order passed by this Court is

made absolute in the aforesaid terms. All the writ

petitions are allowed. Cost made easy.

(Sanjeev Prakash Sharma, J) pravinkumar/-

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