Patna High Court
Anpurna Mishra And Ors vs The State Of Bihar And Ors on 4 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22132 of 2018
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1. Anpurna Mishra, W/o Late Narain Mishra, D/o Late Shivpujan Tiwary,
Resident of Village- Emarati Kataharawa, PO Bhawal, PS Ram Nagar, at
present R/o near Shiv Mandir, Ward No. 2, PO PS Ram Nagar, District-
West Champaran.
2. Lallan Kumar Tiwary S/o Late Pandit Vishun Tiwary, Resident of Village-
Ghoghatola Brit, PO Ghogha Bazar, P.S. Chanpatiya, District West
Champaran.
3. Kumara Chaman Singh Nepali W/o Shri Surva Kumar Kalakar, R/o near
hind cinema Ram Nagar, District- West Champaran.
4. Madhusudan Mishra S/o Shri Raghuvir, Resident of Village- Bada Belwa,
PO PS Ram Nagar, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through chief secretary government of Bihar, new
secretariat Patna.
2. The Principal Secretary, Education Department, Government of Bihar, New
Secretariat, Patna.
3. The Principal Secretary, Department of Personal and Administrative
Reforms, Government of Bihar, Ne
4. The Director Mass Education, Government of Bihar, Patna.
5. The District Magistrate, West Champaran.
6. The District Education Officer West Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Chandra Kant, Advocate
Mr. Ravi Bhusan, Advocate
Mr. Navin Kumar, Advocate
For the Respondent/s : Mr. Hari Mohan Mishra, AC to GP-27
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Patna High Court CWJC No.22132 of 2018 dt.04-10-2023
Date : 04-10-2023
1. Heard learned counsel for the petitioners and
learned counsel for the respondents.
2. The instant writ application has been filed by the
petitioners for directing the respondents to act as per order
passed in CWJC no.384 of 2017 and also for issuance of
directions to the respondents to take steps for absorption of the
petitioners giving them similar treatment as given to the other
similarly situated persons.
3. The case of the petitioners in brief is that the
Government of India launched a scheme known as Non-formal
Education Programme for which applications were invited. The
petitioners being qualified, applied for the same and were
appointed as instructors. After closure of the scheme, the
petitioners and others were disengaged. It is the case of the
petitioners that other similarly situated persons moved this
Court by filing CWJC no. 8110 of 2001, which was disposed of
on the stand taken by the State of Bihar therein that the
absorption of the supervisors were under active consideration.
As no steps were taken for absorption of the instructors, CWJC
no. 8418 of 2010 was filed which was disposed of giving
direction to the respondents that whatever policy they applied in
Patna High Court CWJC No.22132 of 2018 dt.04-10-2023
respect of the instructors of the programme who were absorbed
in regular Government service, similarly the respondents should
identify the instructors who were validly appointed and issue
orders for their absorption. The writ application was allowed.
4. It is further stated that the State of Bihar filed an
appeal against the said order which was registered as LPA no.
1489 of 2011. The said appeal was dismissed with the
observation that it was expected that the State Government
would take expeditious steps to see that eligible persons are
rehabilitated and such process be completed within a period of
six months. The State preferred S.L.P. (Civil) no. 32079 of 2015
in the Hon'ble Supreme Court which was also dismissed. While
dismissing the same, the Hon'ble Supreme Court observed that
the orders of this Court would extend to only those who had
approached the High Court.
5. Learned counsel for the petitioners referring to the
order dated 3.3.2017 (Annexure-12) passed in CWJC no. 384 of
2017 submits that the learned Single Judge in the said order
giving reference to the order passed in MJC no. 3765 of 2016,
relying upon the Apex Court's judgment in Ashwani Kumar &
Ors. v. State of Bihar & Ors. (AIR 1997 SC 1628) observed that
all persons similarly situated and who were waiting in the wings
Patna High Court CWJC No.22132 of 2018 dt.04-10-2023
cannot be denied the relief which is granted by the Court unless
the relief is personal to the person. Taking this into account, the
writ application was disposed of directing that the petitioner's
case would also require consideration by the respondents.
6. Learned counsel appearing for the respondents
submits that the State of Bihar preferred LPA no. 1047 of 2017
against the order dated 3.3.2017 allowing CWJC no. 384 of
2017, however, the said LPA was dismissed by order dated
23.1.2018. The State of Bihar thereafter preferred Civil Review
no. 59 of 2018 against the order dismissing the appeal. By order
dated 5.7.2023 the Division Bench of this Court allowed Civil
Review no. 59 of 2018, dismissed the writ application (CWJC
no. 384 of 2017) and allowed LPA no. 1047 of 2017.
7. In view of the above, learned counsel for the
petitioners submits that the direction passed by the Single Judge
allowing the writ application wherein direction was given that
the cases of all similarly situated persons (which would have
included the petitioners herein) also will have to be reconsidered
by the respondents, now having been set aside in appeal/review,
the petitioners herein are directly affected by the order of the
Division Bench allowing the writ application.
8. Having heard learned counsel for the parties and
Patna High Court CWJC No.22132 of 2018 dt.04-10-2023
taking into consideration the order dated 5.7.2023 passed by the
Division Bench allowing Civil Review no. 59 of 2018, in the
opinion of this Court, no relief can be granted in the instant writ
application and the same is dismissed.
(Partha Sarthy, J)
avinash/-
AFR/NAFR
CAV DATE N/A
Uploading Date 05.10.2023
Transmission Date N/A
