Kumar Ajay Shankar vs The State Of Bihar
2025 Latest Caselaw 2309 Patna

Patna High Court

Kumar Ajay Shankar vs The State Of Bihar on 20 March, 2025

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.9608 of 2022
     ======================================================
     Kumar Ajay Shankar Son of Suresh Prasad Singh, Prabhar Principal at Rajo
     Singh High School Ambari District Sheikhpura, Resident of Village Bali P.O.
     Apsardh P.S. Shahpur District Nawada.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Education Department
     Govt. of Bihar, Patna.
2.   The Regional Deputy Director of Education, Munger.
3.   The District Collector/D.M. Sheikhpura.
4.   The D.D.C. Deputy Development Commissioner, Sheikhpura.
5.   The District Education Officer Sheikhpura.
6.   Smt Aruna Kumari, Prabhari Headmaster/Principal at Rajo Singh High
     School Ambari, Sheikhpura.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner    :       Mr. Parmod Kumar, Advocate
     For the State         :       Smt. Shilpa Singh, GA-12
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
     ORAL JUDGMENT

Date : 20-03-2025

Heard learned counsel for the parties.

2. On 27.08.2024, this Court had passed the

following order :

"The petitioner is aggrieved by the action of the respondent authorities in removing the petitioner from the Headmaster In-charge of Rajo Singh Ambari High School, +2 school, District Sheikhpura and the appointment of respondent No.6 as Headmaster In-charge of the said school. Patna High Court CWJC No.9608 of 2022 dt.20-03-2025

2. Learned counsel appearing for the parties are unaware to point out under which Rule the Headmasters of the School are appointed.

3. Under the circumstances this case is adjourned for eight weeks' to enable the learned counsel for the parties to find out under which Rules the Headmasters of the schools are appointed.

4. List this case on 22.10.2024."

3. Today also, learned counsel for the petitioner has

not been able to apprise this Court as to under which Rule the

Headmasters of the Schools are appointed.

4. Under the aforesaid circumstances, the grievance

of the petitioner raised in this writ petition regarding legality

of the appointment of Respondent No.6 as Headmaster In-

charge of Rajo Singh Ambari High School, +2 School, District

Sheikhpura after removing the petitioner from that position

cannot be adjudicated.

5. In that view of the matter, this writ petition shall

stand disposed of with a liberty to the petitioner to re-agitate

the issue of appointment of Respondent No.6 as Headmaster

In-charge of Rajo Singh Ambari High School, +2 school,

District Sheikhpura after removing the petitioner from that

position by referring to the Recruitment Rule under which the

Headmaster of Rajo Singh Ambari High School is appointed, Patna High Court CWJC No.9608 of 2022 dt.20-03-2025

if the rules are in existence, if not, by specifying the norms

followed by the authorities to appoint the Headmaster of the

School.

(Nani Tagia, J) Narendra/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          21.03.2025
Transmission Date       N.A.