Rajan Kumar And Ors vs The State Of Bihar And Ors
2023 Latest Caselaw 3839 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10652 of 2015
     ======================================================

1. Rajan KumarS/o Late Jagat Narayan Lal Village and Post Beur, Police Station Beur, District Patna.

2. Suman Kumar Sinha aged about 56 years S/o Late Sukhdeo Prasad Resident of Nath Niwas Dariyapur Gola, P.S. Kadam Kuan, District Patna.

3. Deepak Kumar Sinha aged about 51 years s/o Akhileshwar Nath Resident of Vidya Apartment Near Gauriyamath, New Jakkanpur, P.S. Jakkanpur, District Patna.

4. Dinesh Kumar aged about 51 years S/o Sri Ram Swarath Ram Resident of Neemke Bhatti Gulzarbagh, P.S. Alamganj, District Patna.

... ... Petitioner/s Versus

1. The State Of Bihar through the Principal Secretary, Education Department having its office at New Secretariat, PS-Sachivalaya, Dist-Patna

2. The Director Administration Education Department having his office at Vikas Bhawan, P.S. Sachivalaya, Dist-Patna

3. The Director, State Council of Educational Research and Training having his office at Mahendru, P.S Sultanganj, Dist-Patna

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

     For the Petitioner/s     :      Mr. Mukeshwar Dayal, Advocate
                              :      Mr. Vikash Mohan, Advocate
     For the Respondent/s     :      Mr. Sarveshwar Kr. Singh, AAG 13
                              :      Mrs. Sunita Kumari, AC to AAG 13

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 18-08-2023

1. The present petition has been filed seeking the

following relief :-

"(i) For issuance of writ in the nature of certiorari quashing the impugned Memo no. 3329 dated 13.12.2013, by which the earlier Memo no. 944 dated 13.06.2008 has been cancelled and petitioners and Patna High Court CWJC No.10652 of 2015 dt.18-08-2023

other employees who was holding the technical post, directed to appear in the departmental examination. "

2. At the outset, the learned counsel for the

petitioners has submitted that the only grievance of the

petitioners is that they have been directed to appear in the

departmental examination and pass the same, however, till

then, the petitioners have been illegally debarred from grant

of the benefits of A.C.P./ M.A.C.P. Scheme.

3. This Court finds that the issue under

consideration in the present writ petition is no longer res

integra, inasmuch as the Ld. Division Bench of this Court,

vide Judgment dated 11.05.2022, passed in L.P.A. no. 4 of

2021 (The State of Bihar v. Sri Ram Subhag Singh), has

conclusively held that non-passing of departmental

examination cannot be an impediment to grant of benefits

of the A.C.P./ M.A.C.P. Scheme.

4. Having regard to the facts and circumstances of

the case and considering the law laid down by the Ld.

Division Bench of this Court in the case of Sri Ram

Subhag Singh (supra), the respondent authorities are Patna High Court CWJC No.10652 of 2015 dt.18-08-2023

directed to forthwith grant benefits of A.C.P./ M.A.C.P.

Scheme to the petitioners, without being impeded by the

fact that the petitioners have not passed the departmental

examination.

3. The writ petition stands allowed.

(Mohit Kumar Shah, J)

rinkee/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          22.08.2023
Transmission Date       NA