Patna High Court
Reena Kumari vs The State Of Bihar on 17 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.952 of 2021
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Reena Kumari D/o Shiv Chandra Prasad Singh, W/o Rupesh Kumar, Resident of
Village - Tanra, Kalyanpur, Basti, P.S. - Mohiuddinnagar, District - Samastipur, At
present resident of Basantpur Jhitkahi, P.O. - Sakra, P.S. - Dholi, District -
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Education,
Government of Bihar, Patna.
2. The Principal Secretary Department of Education, Government of Bihar, Patna.
3. The Director, Mass Education, Government of Bihar, Patna.
4. The District Magistrate, Samastipur.
5. The District Education Officer, Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Respondent/s : Mr. Naresh Prasad
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 17-01-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19
pandemic.
2. State counsel accept notice for respondents.
3. In the instant petition, petitioner has prayed for
following reliefs:-
"1. That this writ application is
being filed for issuance of an appropriate
writ preferably in the nature of Mandamus
commanding and directing the suitable
posts in permanent service under the
Respondent State as the petitioner is Ex-
Patna High Court CWJC No.952 of 2021 dt.17-01-2022
Instructor of Non-Formal Education on
several grounds including that the State
Government has decided to absorb the Non-
Formal Educational Supervisors in
permanent service and services of several
similarly situated persons/ Non-Formal Ex-
instructors have been absorbed in the light
of several Judicial pronouncements of this
Hon'ble Court as well as Hon'ble Court.
And/or any other relief or reliefs for which
the petitioner is found to be entitled in the
facts and circumstances of this case."
4. Short question for consideration in the present
petition is whether petitioner is entitled to appointment by
absorption/regularization or a fresh appointment on the account
of the fact that petitioner was Ex-instructor of Non-Formal
Education. In this regard, the concerned respondent is hereby
directed to examine the grievance of the petitioner in the light of
judicial pronouncements read with the policy decision of the
State.
5. For issuance of writ of mandamus, petitioner has
not approached the concerned respondent in making
representation. Therefore, question of issuance of writ of
mandamus is not permissible in the light of Apex Court's
decision in the case of Mani Subrat Jain V. State of Haryana
& Ors. reported in A.I.R. 1977 SC 276.
6. Accordingly, the instant petition stands disposed
of reserving liberty to the petitioner to file a detail
Patna High Court CWJC No.952 of 2021 dt.17-01-2022
representation before the competent authority within a period of
eight weeks from the date of receipt of this order. If such
representation is submitted, competent authority to examine and
pass appropriate order and communicate the same to the
petitioner.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
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