Rukhshana Khatun vs The State Of Bihar
2022 Latest Caselaw 849 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.4508 of 2021
     ======================================================

Rukhshana Khatun Wife of Ali Ahamad, D/o Dr. Mahmad Saheb Raja, Resident of Village - Sisai Tola, Husepur, Block and P.S. - Goreyakothi, District - Siwan.

... ... Petitioner/s Versus

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

2. The Director, Mass Education, Government of Bihar, Patna.

3. The District Magistrate, Siwan.

4. The District Education Officer, Siwan.

5. The District Programme Officer, Siwan.

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

     For the Petitioner/s   :      Mr. Pramod Mishra
     For the Respondent/s   :      Mr. Lalit Kishore ( Ag )
                            :      Ms. Binita Singh

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-02-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for the respondents.

3. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"That the petitioner prays for issuance of a writ preferably in the nature of Mandamus commanding and directing the Respondents concerned to consider the claim/case of the petitioner properly for her absorption and issue appointment letter to the petitioner being Non Formal Education Instructor who has worked for less than 3 years in the District of Siwan in view of the direction of this Hon'ble Court as also by Hon'ble Apex Court. An/or any other writ/writs, order/orders, direction/directions for granting any Patna High Court CWJC No.4508 of 2021 dt.01-02-2022

other relief or reliefs for which the petitioner is found entitled to, in the facts and circumstances."

4. In the present petition, petitioner has sought for the

issuance of writ of Mandamus. He has not made out a case for the

reasons that he has not established legal/statutory right followed

by demand before the competent authority.

5. In the light of Apex Court decision in the case of

Mani Subrat Jain V. State of Haryana reported in (1977) 1 SCC

486, the present petition is not maintainable, however, in the

interest of litigant, petitioner is at liberty to approach the

concerned respondent in submitting a detailed representation

along with judicial pronouncements, if any within a period of

eight weeks from the date of receipt of this order. The concerned

respondent is hereby directed to decide representation within a

period of four months from the date of receipt of such

representation.

6. With the above observations, writ petitions stands

disposed off.

(P. B. Bajanthri, J) GAURAV S./-

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