Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9435 of 2013 ====================================================== 1. Sarva Nand Manjhi S/O Sri Moti Lal Manjhi R/O Vill. Katesar, P.S. Khaira, District Saran 2. Arvind Kumar S/O Sri Hareshwar Prasad R/O Vill. Maksudpur (Baidnahthpur) P.O. Koraiya, P.S. Bheldi, District Saran 3. Vivek Kumar S/O Sri Lal Das Rai R/O Vill. and P.O. and P.S. Garkha, District Saran 4. Ashok Kumar Vidyarthi S/O Sri Jagnath Prasad Yadav R/O Vill. Hakma, P.O. and P.S. Garkha, District Saran 5. Ajay Kumar S/O Sri Ram Pratap Ram R/O Vill. and P.O. Sheetalpur (Bareja) P.S. Daudpur, District Saran 6. Abdul Mazid Ansari S/O Late Miajaan Ansari R/O R. Lali Bhavan, East Dahiawan, P.S. Chapra, District Saran 7. Randhir Kumar Upadhaya S/O Sri Lal Bhadur Upadhaya R/O Vill. and P.O. Kerawa, P.S. Isuapur, District Saran .... .... Petitioners Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Education, Bihar, Patna 3. The Director, Secondary Education, Bihar, Patna 4. The Dy. Development Commissioner, Saran at Chapra 5. The District Education Officer, Saran at Chapra 6. The District Program Officer (Establishment), Education Department, Saran at Chapra 7. The Secretary, Bihar School Examination Board, Patna .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.9753 of 2013 ====================================================== 1. Niranjan Kumar Son Of Umesh Prasad Singh Resident Of Mohalla - Bari Nala, P.S. - Malsalami, District - Patna 2. Pankaj Kumar Son Of Baban Kumar Singh Resident Of Mohalla - Flat No. 201, Durga Niwas Apartment Indrapuri Colony Road No. 1, P.O. - B.V. College, District - Patna 3. Muzaffar-Imam-Ansari Son Of Abdul Hakim Akhatar Resident Of Village - Jethuli, P.S. - Fatuha, District - Patna 4. Kasif Reja Son Of Abdul Mannan Resident Of Village - Gauriya , P.S. - Kadwa, District - Katihar 5. Kanchan Kumari D/O Surendra Upadhyay Resident Of Village - Taret, P.S. - Naubatpur, District - Patna 6. Sudhir Kumar Son Of Hanuman Ram Resident Of Mohalla - Nawada, P.S. - Nawada, District - Bhojpur 7. Raushan Kumar Son Of Giridhar Gopal Prasad Singh Resident Of Village - Gonawan, P.O. - Gonawan, District - Nalanda
Legal Reasoning
8. Rajesh Prasad Srivastava Son Of Chandra Bhushan Prasad Resident Of Mohalla - Yamuna Path New Hani Chak Anisabad, P.S.- Beur, Patna 9. Deepak Kumar Singh Son Of Nand Kumar Singh Resident Of Village - Patna High Court CWJC No.9435 of 2013 (3) dt.27-05-2013 2 Sareya, P.S. Baniyapur, District - Saran 10. Raju Kumar Son Of Birju Sah Resident Of Village - Kumarbagh, P.S. - Chanpathia, District - West Champaran 11. Rajeev Ranjan Kumar Son Of Ghanshyam Prasad Resident Of Village - Gonpura, P.S. - Kadirganj, District - Patna 12. Naveen Kumar Son Of Shambhu Prasad Singh Resident Of Mohalla - Quarter No. B/5 Sachiwalaya Thana P.S. - Sachiwalaya, District - Patna 13. Kumari Shakshi Rai Son Of Vijay Shankar Rai Resident Of Mohalla - Behind Regal Hotel Ara, P.S. - Nawada, District - Bhojpur 14. Md. Fazlur Rahman Son Of Md. Nasiruddin Resident Of Village - Charkhi, P.S. - Kodha, District - Katihar 15. Md. Shahbaz Alam Son Of Md. Mazharul Haque Resident Of Village - Piper Panti, P.S. - Jalalgarh, District - Purnea 16. Musawwar Alam Son Of Abdul Hameed Resident Of Village - Makalli Belgachhi Tola Karbala, Via - Baisi, P.S. - Dagarua, District - Purnea 17. Md. Sarfraz Alam Son Of Md. Mahboob Alam Resident Of Village - Dubaili, P.S. - Amour, District - Purnea 18. Lal Babu Kumar Son Of Late Ram Bhajan Singh Resident Of Village - Bishunpur, P.S. - Chandi, District - Bhojpur 19. Md. Aslam Reza Son Of Md. Farooque Akhtar Resident Of Village - Milki, P.S - Amour, District - Purnea 20. Ranjay Kumar Son Of Rambabu Singh Resident Of Village - Malahi Khandha, P.S. - Naubatpur, District - Patna 21. Kumari Ribha Sinha D/O Ramchandra Prasad Singh Resident Of Village - Khan Mirza Tekari Road, Pather Ki Masjid Mahendru, P.S. - Sultanganj, District - Patna 22. Madhawi D/O Ram Pravesh Prasad Singh Resident Of Mohalla - Gayatri Nagar, Adarsh Colony Road No. 3, P.S. - Ram Krishna Nagar, District - Patna 23. Om Prakash Upadhyay Son Of Radheshyam Upadhyay Resident Of Village - Berar, P.S. - Rani Talab, District - Patna 24. Vikash Mohan Son Of Narendra Kumar Resident Of Village - Mahmadpur, P.S. - Bikram, District - Patna 25. Prabhat Ranjan Son Of Shri Tej Narayan Singh Resident Of Village - English Khajawatta, P.S. - Bidupur, District - Vaishali 26. Devendra Kumar Singh Son Of Nand Kishore Singh Resident Of Village - Dulour, P.S. - Jagdishpur, District - Bhojpur 27. Reena Kumari D/O Prakash Choudhary, Wife Of Bikram Kumar Resident Of Village - Praladpur, P.S. - Ghoswari, District - Patna .... .... Petitioners Versus 1. The State Of Bihar through the Chief Secretary, Govt. Of Bihar Patna 2. The Principal Secretary Department Of Education Govt. Of Bihar, Patna 3. The Director Madhyamik Siksha Bihar Patna 4. The District Education Officer, Saran, District - Chapra 5. The Bihar School Examination Board, Patna Through Its Secretary Bihar, Patna 6. The Secretary Bihar School Examination Board, Patna .... .... Respondents ====================================================== Patna High Court CWJC No.9435 of 2013 (3) dt.27-05-2013 3 with Civil Writ Jurisdiction Case No.10017 of 2013 ====================================================== 1. Urmila Kumari D/O Late Rambilash Ram Resident Of Village - Hirdhanchak, P.O. Nehalpur, P.S. Parasbigha, District - Jahanabad 2. Bimal Kumar Roy Son Of Ram Lakhan Roy Resident Of Village - Ghanshyampur, P.S. Ghanshyampur, District - Darbhanga 3. Prabhat Kumar Son Of Bipin Prasad Singh Resident Of Village - Cheron, P.S. Sarmera, District - Nalanda ( Biharsharif ) 4. Dharmendra Kumar Son Of Shantanu Prasad Singh Resident Of Village - Fatehli, P.S. Deepnagar, District - Nalanda ( Biharsharif ) 5. Anjali Sharma D/O Dilip Kumar, Wife Of Abhishek Raman Resident Of Village - Simariya, P.S. Barauni, District - Begusarai 6. Kumari Switi Sinha D/O Uma Kant Kumar, W/O Prashant Priyadarshi Resident Of North Of Sub - Divisional Hospital, Khorampur Road, P.S. Hilsa, District - Nalanda ( Biharsharif ) 7. Shashi Kant Kumar Son Of Surendra Prasad Resident Of Village - Jorarpur, P.O. Pachori, P.S. Deepnagar, District - Nalanda ( Biharsharif ) 8. Rekha Kumari D/O Awadhesh Kumar Resident Of Mohalla - Rajendra Nagar, Road No. 13 ( C ), Opposite Mangal Murti Aapartment, P.S. Bahadurpur, District - Patna 9. Sangeeta Kumari D/O Prem Sagar Prasad Singh C/O Sri Krishna Prasad Singh, Near Sant Joseph School, Opposite Sant Kabir Ashram, Sakunat Road, Khandakpar, Nalanda ( Biharsharif ) 10. Meenakshi Gupta D/O Vijay Kumar, Near Of Durga Asthan Resident Of Mohalla - Jhing Nagar, P.S. Laheri, District - Nalanda ( Biharsharif ) 11. Sudha Chandan D/O Ramakant Prasad C/O Dr. Shyam Sundar Prasad, Gandhi Colony, Karunabag, P.S. Sohsarai, District - Nalanda ( Biharsharif ) 12. Kalpana Rekha D/O Anandi Prasad C/O Prof. Rajendra Prasad, Resident Of Mohalla - Neemganj, In Front Of Police Chauki, P.S. Biharsharif, District - Nalanda ( Biharsharif ) 13. Rani D/O Balmukund Prasad Resident Of Village - Meghi, P.S. Deepnagar, District - Nalanda ( Biharsharif ) 14. Madhu Kumari D/O Rameshwar Prasad C/O Sachidanand Prasad - Ashok Nagar, P.O. Rajgir, P.S. Rajgir, District - Nalanda ( Biharsharif ) 15. Prashant Ketu Son Of Shrawan Kumar Resident Of At + P.O. Singariawan, P.S. Shahjanpur, District - Patna 16. Kumari Rashmi D/O Awadhesh Kishore Prasad Sinha Resident Of Mohalla - Udantpur ( Gorhpar ), P.S. Biharsharif, District - Nalanda ( Biharsharif ) 17. Mahendra Paswan Son Of Late Bishundeo Paswan Resident Of At + P.O. Pathyeya ( Rajgir ), P.S. Chhabilapur, District - Nalanda ( Biharsharif ) 18. Chandan Kumar Son Of Devnandan Prasad Resident Of Village - Paijana, P.S. Ghoswari, District - Patna 19. Md. Abu - Ala Heyat Son Of Md. Ekramuddin Farhat Resident Of Mohalla - Purani Quazi Mohalla, P.S. Aurangabad, District - Aurangabad 20. Raj Bardhan Kaushik Son Of Late Ramchandra Pandey Resident Of Village - Chaita, P.S. Angarghat, District - Samastipur Patna High Court CWJC No.9435 of 2013 (3) dt.27-05-2013 4 21. Khushboo Kumari D/O Anil Kumar, Wife Of Bipin Kumar Sinha Resident Of Village - Dariyapur, P.S. Silao, District - Nalanda ( Biharsharif ) .... .... Petitioners Versus 1. The State Of Bihar Through The Principal Secretary, Department Of Education, Government Of Bihar, Patna 2. The Director, Secondary Education, Government Of Bihar, Patna 3. The Regional Deputy Director Of Education, Patna Division, Patna 4. The Regional Deputy Director Of Education, Darbhanga Division, Darbhanga 5. The District Education Officer, Nalanda ( Biharsharif ) 6. The District Education Officer, Darbhanga 7. The District Education Officer, Madhubani 8. The Bihar School Examination Board Through Its Secretary, Patna .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.10426 of 2013 ====================================================== 1. Udit Singh son of Janakdeo Singh, Resident of village – Rasidpur, P.O. Newari, Police Station – Parasbigha, District – Jehanabad 2. Shushma Kumari, d/o Shivnandan Prasad wife of Rakesh Kumar Singh, Resident of village – Nandanpura, P.O. Newari, Police Station – Makhdumpur, District – Jehanabad 3. Dudheshwar Prasad Gupta son of Ganesh Prasad Gupta, Resident of village – Pathara, P.O. Tineri, Police Station – Guraru, District – Gaya 4. Shaumya Bharti, d/o Balkeshwar Prasad c/o Harilal Prasad, Resident of Mohalla – Horilganj, P.O. & P.S. Jehanabad, District Jehanabad 5. Shobha Kumari d/o Shashi Bhushan Sharma, Resident of village – Sihli, Police Station – Kako, District - Jehanabad .... .... Petitioners Versus 1. The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, Patna 2. The Director, Secondary Education, Govt. of Bihar, Patna 3. The Dy. Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Jehanabad 4. The Dy. Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Aurangabad 5. The Dy. Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Arwal 6. The Dy. Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda 7. The Dy. Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Chapra 8. The Dy. Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Patna 9. The District Education Officer, Jehanabad 10. The District Education Officer, Arbal Patna High Court CWJC No.9435 of 2013 (3) dt.27-05-2013 5 11. The District Education Officer, Aurangabad 12. The District Education Officer, Nalanda 13. The District Education Officer, Chapra 14. The District Education Officer, Patna 15. The Executive Officer, Nagar Parishad, Jehanabad 16. The Executive Officer, Nagar Parishad, Masaurhi, Patna .... .... Respondents ====================================================== Appearance : (In CWJC No.9435 of 2013) For the Petitioners : M/s Rajendra Prasad Singh, Sr. Advocate & Raj Kumar Singh, Advocate For the State : M/s Anjani Kumar, AAG-10, Anjani Kumar Sharan, SC-9 & Priyank Samdarshi, AC to SC-9 For the Respondent no.7 : Mrs. Namrata Mishra, Advocate For the Intervenor : M/s Kumar Alok & Rakesh Kumar, Advocates (In CWJC No.9753 of 2013) For the Petitioners : Mr. Ebrahim Kabir, Advocate For the State : Mr. Alok Kumar, AC to AAG-12 (In CWJC No.10017 of 2013) For the Petitioners : Mr. Pramod Kumar, Advocate For the State : Mr. Anjani Kumar, AAG-10 (In CWJC No.10426 of 2013) For the Petitioners : Mr. Binod Kumar, Advocate For the State : Mr. Subhash Prasad Singh, G.A.-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 3 27-05-2013 Heard learned counsel for the petitioners and the counsel for the State, Sri Anjani Kumar, AAG-10, who prays for short adjournment to file counter affidavit, but such prayer is refused in view of the order dated 14.5.2013 passed in CWJC No. 9435 of 2013 directing CWJC No. 9435 of 2013 and other similar matters to be placed “For Orders” on 27.5.2013. In case the State was interested to file counter affidavit, the time granted under order dated 14.5.2013 should have been utilized for filing the same. As the State- respondents have not chosen to file counter Patna High Court CWJC No.9435 of 2013 (3) dt.27-05-2013 6 affidavit within the time granted by this Court, I am not inclined to grant any further adjournment to file counter affidavit in these matters. Also heard learned counsel for the Bihar School Examination Board (hereinafter referred to as the Board). 2. Petitioners are the applicant for appointment on the post of Assistant Teacher in the Secondary/ Higher Secondary School(s) of the State Government. They submitted their application form in the light of the qualification required for the post as notified in the Information Bulletin issued by the Bihar School Examination Committee, Patna, Annexure-2 in CWJC No. 9435 of 2013, which provides for minimum qualification of Graduate and Post Graduate for appointment on the post of Assistant Teacher in Secondary/ Higher Secondary School with further stipulation that the applicant should obtain B.Ed. qualification of one year duration within five years. It further provides that those who have completed the Session or had appeared in the examination, may also apply for the post. 3. These writ petitions have been filed questioning the instructions of the Director, Secondary Education contained in letter No. 647 dated 18.4.2013, Annexure-1 to CWJC No. 9435 of 2013 whereunder instructions have been issued to only consider those applicants who have completed B.Ed. course upto Session Patna High Court CWJC No.9435 of 2013 (3) dt.27-05-2013 7 2010-11 or had appeared in the examination. 4. It is submitted on behalf of the petitioners that aforesaid instructions to only consider those who have completed B.Ed. Session 2010-11 or had appeared in the examination is contrary to the qualification notified in the Information Bulletin, Annexure-2, which provides outer limit of five years to obtain the B.Ed. qualification. 5. I see substance in the submission raised on behalf of the petitioners, as it is submitted on their behalf that on the date of application for appointment on the post of Assistant Teacher, they had already appeared in the B.Ed. examination, which is within outer limit of five years as notified in the Information Bulletin, Annexure-2. 6. In view of the aforesaid submission, I have no option, but to quash the instruction dated 18.4.2013, Annexure-1, which is, accordingly, quashed so far it concerns the petitioners. 7. These writ petitions are, accordingly, allowed. (V.N. Sinha, J) Arjun/-