Samir Kumar vs The State Of Bihar
2022 Latest Caselaw 979 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6374 of 2021
     ======================================================

1. Samir Kumar Son of Shashinath pathak Resident of Village-Ward no.

1Mathiya, P.O.-Chaatuwi, P.S.-Motihari East, M/s Shashikant Singh

2. Sushil Kumar Mishra Son of Ram Krishan Mishra, Resident of Village-

Pipra, P.O.-Pipra, P.S.- Govindganj, District-East Champaran.

3. Sunita Devi Wife of Acheylal Prasad, Resident of Village Madtwa, P.O.

rampur, P.S.-Chiraiya, District-East Chamaparan.

4. Shivchandra Tiwari, Son of Bindeshwari Tiwari Resident of Village-Mahavir Nagar, P.O.-Mathiya, P.S.-Chhatganj, District-East Champaran.

5. Shambhu Sharan Kumar Son of Jaldhari Das, Resident of Village-Mirpur, P.S.-Chiraiya, District-East Champaran.

6. Md. Haider Ali, Son of Shamsul Aarfin, Resident of Village-Kamaldaha, Ward no 11 Near Jama Masjid, P.S.-Farbisganj, District-Araria.

7. Sarita Kumari Wife of Ram Prakash Yadav Resident of Village-Anchra, P.S.-

Forbesganj, District-Araria.

... ... 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 Departmetn 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, Araria.

6. The District Education Officer, East Champaran.

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

     For the Petitioner/s   :      Mr. Sanjay Kumar
     For the Respondent/s   :      Mr. Lalit Kishore ( Ag )

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 07-02-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

Patna High Court CWJC No.6374 of 2021 dt.07-02-2022

2. 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."

3. The aforesaid relief is not supported by any legal or

statutory right vested with the petitioners followed by demand

before the competent authority, therefore, the present petition

stands dismissed in the light of Apex Court decision in the case of

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

486, reserving liberty to the petitioners to file appropriate

representation along with judicial pronouncements, if any. If such

representation is submitted, competent authority is hereby directed

to decide petitioners' representation within a reasonable period of

time.

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

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