Patna High Court
Ashok Kumar Mishra vs The State Of Bihar on 25 February, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2021 of 2020
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1. Ashok Kumar Mishra, son of Sri Ravindra Nath Mishra, resident of village
and P.O.- Sundrapur, P.S. Keshariya, District- East Champaran at Motihari,
presently working as an Assistant Teacher, Sanskrit Middle School,
Ahiyapur, Anchal- Sahebganj, District- Muzaffarpur.
2. Manoj Kumar Mishra, son of Sri Ravindra Nath Mishra, resident of village
and P.O. Sundrapur, P.S. Keshariya, District- East Champaran at Motihari,
presently working as Headmaster, Sanskrit Middle School, Ahiyapur,
Anchal- Sahebganj, District- Muzaffarpur.
3. Naveen Kumar, son of Sri Radhey Shyam Thakur, resident of village and
P.O. Lakhanpur, P.S. Katra, District- Muzaffarpur, presently working as a
Headmaster, Saraswati Sanskrit Middle School, Lakhanpur, Anchal- Katra,
District- Muzaffarpur.
4. Sweta Kumari, wife of Naveen Kumar and daughter of Ramchandra Prasad
Singh, resident of village and P.O. Lakhanpur, P.S. Katra, District-
Muzaffarpur, presently working as an Assistant Teacher, Saraswati Sanskrit
Middle School, Lakhanpur, Anchal- Katra, District- Muzaffarpur.
5. Prem Sheela Devi, wife of Raj Kishore Sah, resident of village and P.O.
Lakhanpur, P.S. Katra, District- Muzaffarpur, presently working as Peon,
Saraswati Sanskrit Middle School, Lakhanpur, Anchal- Katra, District-
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Joint Secretary, Education Department, Government of Bihar, Patna.
4. The Special Secretary, Education Department, Government of Bihar, Patna
5. The District Education Officer, Muzaffarpur, District- Muzaffarpur.
6. The District Programme Officer (Establishment), Muzaffarpur, District-
Muzaffarpur.
7. The Bihar Sanskrit Shiksha Board, Boring Canal Road, Patna through the
Secretary.
8. The Chairman, The Bihar Sanskrit Shiksha Board, Boring Canal Road,
Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S.B.K. Mangalam, Advocate
Ms. Anita Kumari, Advocate
For the State : Mr. Priyadarshi Matri Sharan, AC to AAG-15
For the Board : Mr. Chandra Shekhar Kumar Singh, Advocate
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Patna High Court CWJC No.2021 of 2020 dt.25-02-2025
2/3
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 25-02-2025
The issues raised in the present petition with
respect to the validity of Clause 5(h) of the resolution of
the Education Department, published in the Gazette, has
already been decided by a Division Bench of this Court
vide judgment dated 27.03.2019 passed in CWJC No.
985 of 2015.
2. The issue does not require any further
deliberation.
3. If the petitioners are in any way aggrieved by
the action of the respondents, it would be open for them
to approach the appropriate forum for redressal of their
grievances. However, this petition would not survive for
discussing the validity of the aforenoted clause in the
resolution of the Government.
4. The petition is disposed of with the liberty to
the petitioners to approach the appropriate authority for
Patna High Court CWJC No.2021 of 2020 dt.25-02-2025
redressal of their grievance.
5. In case any representation is filed by the
petitioners before the concerned authority, needless to
say that it shall be disposed of within a reasonable period
of time, giving reasons.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 25.02.2025
Transmission Date
