Patna High Court
Ramesh Kumar Jha vs The State Of Bihar on 11 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10631 of 2020
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Ramesh Kumar Jha Son of Shri Ganesh Jha Resident of Village and Post
Office- Mahinam, Via- Benipur, Police Station- Bahera, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar Through Principal Secretary, Department of Education,
Government of Bihar, Patna.
2. The Principal Secretary Department of Education, Government of Bihar,
Patna.
3. The Director Primary Education, Department of Education, Government of
Bihar, Patna.
4. The District Magistrate Darbhanga.
5. The Regional Deputy Director Education, Kosi Division, Darbhanga.
6. The District Education Officer Darbhanga.
7. The District Program Officer (Establishment) Darbhanga.
8. The Block Development Officer Benipur, Darbhanga.
9. The Block Education Officer Benipur, Darbhanga.
10. The Block Teacher Selection/Employment Committee Benipur Block,
Darbhanga, through the Ex- Officio- cum- Block Development Officer,
Benipur, Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ganesh Chandra Thakur
For the Respondent/s : Mr. Hitesh Kumar, AC to SC-13
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 11-01-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. In the instant petition, petitioner has prayed for
following reliefs:
"1. That the petitioner seeks to
invoke the Extra Ordinary writ jurisdiction
of this Hon'ble Court under Article 226 of
Constitution of India for following reliefs:-
Patna High Court CWJC No.10631 of 2020 dt.11-01-2022
A. For issuing writ including
writ of Mandamus directing thereby
Respondents including Block Development
Officer, Benipur, Darbhanga (Respondent
No. 8) to comply with the Order dated
10.03.2018, bearing Letter No. 142, passed
by District Teacher Appellate Authority,
Darbhanga whereby direction has been
issued for appointment of the petitioner as
Block Teacher as per direction mentioned
in the said letter.
B. For issuing writ for
Mandamus directing thereby Respondents
District Education Officer, Darbhanga
(Respondent No. 6) to ensure abidance of
the order dated 10.03.2018 passe by
District Teacher Appellate Authority,
Darbhanga (Annexure-1) is enforced and
the petitioner is appointed accordingly in
the terms of the aforesaid order.
C. For holding that the
Respondent in particular Block-Teacher
Selection/Employment Committee, Benipur
Block, Darbhanga through the Ex-Officio
Secretary Cum Block Development Officer,
Benipur, Darbhanga is under the obligation
to comply with the order dated 10.03.2018
passed by District Teacher Appellate
Authority and the petitioner as such is
entitled for appointment in respect of the
aforesaid order.
D. For holding that Respondent
concerned have deliberately defied the
order passed by Hon'ble District Teacher
Appellate Authority and despite the
imposition of cost by the said Tribunal the
reluctance on the part of the Respondents
concerned to the comply the order under
impugned demonstrate the Status of law
lessness, in the Block Development Officer,
Benipur as well as in the office District
Education Officer, Darbhanga.
E. The Hon'ble Court may pass
any order/orders which it may deem fit in
the facts and circumstance of the case and
within facts and circumstances of the case
Patna High Court CWJC No.10631 of 2020 dt.11-01-2022
and within the ends of equity, Justice and
good conscience."
4. The concerned respondent is hereby directed to pass
a suitable order in respect of implementation of the order dated
10.03.2018 vide letter no. 142 passed by the District Teach
Appellate Tribunal, Darbhanga in respect of appointment of
petitioner as Block Teacher. The above exercise shall be completed
within a period of one month from the date of receipt of this order.
If the petitioner is otherwise not eligible a necessary speaking
order shall be passed as to why order dated 10.03.2018 passed by
the District Teacher Appellate Tribunal, Darbhanga cannot be
implemented. Such communication be made to the petitioner and
so also copy be forwarded to the District Teacher Appellate
Authority, Darbhanga.
5. With the aforesaid observations, the instant petition
stands disposed of.
(P. B. Bajanthri, J)
rakhi/-
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