Patna High Court
Anil Kumar Tiwari vs The State Of Bihar on 2 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4960 of 2021
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1. Anil Kumar Tiwari Son of Shir Narendra Tiwari, Resident of Mohalla - ward
no 10, Nagar Panchayat Chakiya, P.O. and P.S. - Chakiya, District - East
Champaran.
2. Narendra Kumar Dwivedi, Son of Late Nandkishore Dwivedi, Resident of
Village - Chakiya, P.O. and P.S. - Bara Chakiya, District - East Champaran.
3. Ramesh Paswan, Son of Manak Paswan, resident of Village - Mungraha,
P.O. Rampur, P.S. - Chiraiya, District - East Champaran.
4. Shailendra Kumar, Son of Subidev Paswan, Resident of Village - Mungraha,
P.O. Rampur, P.S. - Chiraiya, District - East Champaran.
5. Shatrudhan Kumar, Son of Phudena Sah, Resident of Mohalla - Lakadi Dhai
Chandwara Near Bihar Flouring, P.O. - G.P.O., P.S. - Town Thana, District -
Muzaffarpur.
6. Shobhakant Hazara, Son of Satyanarayan Hazara, Resident of Mohalla -
Birla Tola P.O. Mahirolliya, P.S. - Chiraiya, District - East Champaran.
7. Jitendra Mahto, Son of Shri Yogendra Mahto, Resident of Village - Pakadi
Dayal, P.O. - Pakadi Dayal, District - East Champaran.
8. Rajesh Kumar Tiwari, Son of Shiv Shankar Tiwari, Resident of Village -
Pakadi Dayal, P.O. - Pakadi Dayal, District - East Champaran.
9. Brajesh Kumar Tiwari, Son of Shiv Shankar Tiwari, Resident of Village -
Pakadi Dayal, P.O. - Pakadi Dayal, District - East Champaran.
10. Arun Tiwari, Son of Shankar Tiwari, Resident of Village - Bara Bishunpur,
P.S. Rajepur, District - East Champaran.
11. Ram Binod Tiwari, Son of Rajdev Tiwari, Resident of village - Parena
Babhantoli, P.S. Shikarganj, District - East Champaran.
12. Nilam Kumari, Wife of Vijay Kumar Tiwari, Resident of Village -
Hewarwala, P.S. - Pakadi Dayal, District - East Champaran.
13. Shyam Kumar, Son of Ram Ekbal Prasad, Resident of Village - Berwa, Post
- Chandanbara, P.S. Dhaka, District - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through its Commissioner-Cum-Secretary, Education
Department, Government of Bihar Patna.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Principal Secretary Department of Personnel and Administrative
Reforms, Government of Bihar, Patna.
4. The Director, Mass Education, Education Department, Government of Bihar,
Patna.
5. The District Education Officer, East Champaran.
6. The District Education Officer, Muzaffarpur.
Patna High Court CWJC No.4960 of 2021 dt.02-02-2022
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar
For the Respondent/s : Mr. Kameshwar Kumar, GP 17
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 02-02-2022
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, petitioners have prayed for the
following relief/reliefs:
4. In the instant petition, petitioners have prayed for the
following relief/reliefs:
"(a) For issuance of any appropriate writ/s
especially in the nature of mandamus commanding and
directing the respondents concerned to observed the
petitioners on the post of Class-III and Class-IV under
the respondents state as the petitioner are ex-instructor
of non-formal educations on several grounds including
that the state grounds including that the State
Government has decided to absorb the non-formal
education supervisor on Class-III Post.
(b) For issuance of any appropriate writ/s,
rule or directions as Your Lordships may deem fit and
proper to the facts and circumstances of the case as
well as for which the petitioners may be found entitled
thereto."
5. In the present petition, petitioners have sought for the
issuance of writ of Mandamus. They have not made out a case for
Patna High Court CWJC No.4960 of 2021 dt.02-02-2022
the reasons that they have not established legal/statutory right
followed by demand before the competent authority.
6. 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 litigants petitioners are 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 it 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./-
AFR/NAFR
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