Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7812 of 2012 ====================================================== 1. Musafir Sah Son Of Shri Modi Sah Resident Of Village - Kala Matahiniya, Police Station - Bishwambharpur, Block- Kuchaikot, District Gopalganj 2. Girindra Kumar Son Of Shri Vishwanath Prasad Resident Of Village- Ekderwa, Police Station , Block & District Gopalganj 3. Nirmal Kumar Gupta Son Of Shri Mohan Prasad Gupta Resident Of Village, P.O. , Block & Police Station - Bikram, District - Patna 4. Kamleshwar Kumar Pandey Son Of Late Ratan Pandey Resident Of Village- Fulwaria, P.O. Narahwa Shukl, Police Station - Kuchaikot, District Gopalganj 5. Ramnath Rai Son Of Shri Gorakh Rai Resident Of Village- Barwa Khurd, P.O. Nechua Jalalpur, Police Station - Kuchaikot, District Gopalganj 6. Sunil Kumar Mishra Son Of Shri Baban Mishra Resident Of Village- Baletha Brahman Toli, P.O. Pakwalia, Police Station - Siwan, District Gopalganj
Legal Reasoning
7. Ajay Kumar Tiwari Son Of Shri Jitendra Tiwari Resident Of Village- Devipur, P.O. Taulahan, Police Station - Dhanaha, District- West Champaran 8. Rajendra Tiwary Son Of Shri Lakshman Tiwari Resident Of Village- Bakka Sihanpura, P.O. Baraka Singhapura, District Buxar 9. Rajesh Kumar Madhesiya Son Of Raghunath Madhesiya Resident Of Village- Bishunpura, P.O. Mahuawa, District Gopalganj 10. Sunita Kumari Daughter Of Palatu Sah, Wife Of Surendra Sah Resident Of Village- Jamuniya, P.O. Salehpur, Block- Kuchaikot, District- Gopalganj 11. Geeta Kumari Daughter Of Shri Ganesh Prasad Thakur Resident Of Village & P.O. Fatehabad, Police Station - Paru, District - Muzaffarpur 12. Nilay Kumar Rai Son Of Bashishtha Rai Resident Of Village- Taranarahwan, P.O. Shukl Barahwan, Police Station & District Gopalganj 13. Ashok Kumar Ram Son Of Shri Heera Ram Resident Of Village- Barwan Brit, P.O. Nechua Jalalpur, Police Station - Kuchaikot, District Gopalganj 14. Shahsi Bhushan Singh Son Of Shri Shivnath Singh Resident Of Village- Ranipur, P.O. Khanpur, Police Station - Dighwara, District- Saran (Chapra) 15. Ravindra Kumar Sinha Son Of Late Dukhan Singh Resident Of Village- Moriyawa, P.O. Datiyana, Police Station - Bikram, District- Patna 16. Bindhyeshwar Mishra Son Of Srhi Niwas Mishra Resident Of Village - Raipura, P.O. Dharhara Mela, Police Station - Kateya, District Gopalganj .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna 3. The Director, Primary Education, Bihar, Patna 4. The District Magistrate, Gopalganj 5. The Deputy Development Commissioner-Cum-Chairman, District Patna High Court CWJC No.7812 of 2012 (8) dt.09-04-2013 2/5 Education Establishment Committee, Gopalganj 6. The Regional Deputy Director Of Education, Saran Division At Chapra 7. The District Education Officer, Gopalganj 8. The District Programme Officer (Establishment), Gopalganj 9. The Prakhand Pramukh, Kuchaikot Prakhand, District Gopalganj 10. The Prakhand Pramukh, Barauli Prakhand, District Gopalganj 11. The Block Development Officer, Kuchaikot Block, District- Gopalganj 12. The Block Development Officer, Barauli Block, District - Gopalganj 13. The Block Education Officer, Kuchaikot, District Gopalganj 14. The Block Education Officer, Barauli, District - Gopalganj 15. The Member, District Teacher'S Employment Appellate Authority, Gopalganj .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.1089 of 2013 ====================================================== 1. Bandana Kumari Daughter Of Shri Ashok Kumar Thakur, Wife Of Shri Rakesh Kumar Singh Resident Of Village- Chamanpura, P.O. Chamanpura, Police Station- Baikunthpur, District- Gopalganj 2. Vandana Kumar Daughter Of Shri Mankeshwar Singh, Wife Of Shri Dhruv Narayan Singh Resident Of Village- Manjhagarh (Suda Sah Ke Tola), P.O. Manjhagarh, Police Station- Manjhagarh, District- Gopalganj 3. Nipu Kumari Daughter Of Shri Dhruv Shankar Pandey, Wife Of Shri Akhileshwar Kumar Upadhyay Resident Of Village & P.O. Dewapur, Police Station- Barauli, District- Gopalganj 4. Rabita Kumari Daughter Of Late Satyadeo Singh, Wife Of Shri Rakesh Kumar Resident Of Village & P.O. Salempur, Police Station- Sidhwalia, District- Gopalganj 5. Kumari Sanju Daughter Of Shri Nawal Kishore Rai, Wife Of Shri Manoranjan Kumar Resident Of Village & P.O. Sadauwa, Police Station- Sidhwalia, District- Gopalganj 6. Geeta Kumari Daughter Of Mokhtar Mahato, Wife Of Ramesh Prasad Resident Of Village- Tirbirwa, P.O. Bhitbherwa, Police Station And District- Gopalganj 7. Rajesh Kumar Son Of Shri Ramesh Prasad Resident Of Village & P.O. Sadauwa, Police Station- Sidhwalia, District- Gopalganj 8. Anil Kumar Ram Son Of Shri Ranglal Ram Resident Of Village- Mangaru Chhapra, P.O. Chamanpura, Police Station & Block Kurthipur, District- Gopalganj 9. Ramesh Kumar Prasad Son Of Mokhtar Prasad Resident Of Village & P.O. Salempur, Police Station- Sidhwalia, District- Gopalganj .... .... Petitioner/s 1. The State Of Bihar 2. The Principal Secretary, Education Department, Government Of Bihar, Versus Patna 3. The Director, Primary Education, Bihar, Patna 4. The District Magistrate, Gopalganj 5. The Deputy Development Commissioner-Cum-Chairman, District Education Establishment Committee, Gopalganj 6. The Regional Deputy Director Of Education, Saran Division At Chapra 7. The District Education Officer, Gopalganj Patna High Court CWJC No.7812 of 2012 (8) dt.09-04-2013 3/5 8. The District Programme Officer (Establishment), Gopalganj 9. The Prakhand Pramukh, Barauli Prakhand, District Gopalganj 10. The Block Development Officer, Barauli Block, District- Gopalganj 11. The Block Education Officer, Barauli, District- Gopalganj 12. The Member, District Teacher'S Employment Appellate Authority, Gopalganj ... .... Respondent/s ====================================================== Appearance : (In CWJC No.7812 of 2012) For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Mr. Madhuresh Prasad GP12 (In CWJC No.1089 of 2013) For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Mr. Md. N. Hoda Khan SC18 and Babita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 8 09-04-2013 Petitioners pray for directing the respondent-authorities to select/appoint them as Prakhand teacher in their respective blocks either in Kuchaikot or in Barauli, district Gopalganj. They state that the process for recruitment of Prakhand teachers in different blocks of Gopalganj district was in progress. In the meantime, Public Interest Litigations were also filed for completion of the selection process. Two such orders dated 17.1.2011 & 5.12.2011, passed in C.W.J.C.Nos.17770/2010 & 20664/2011 respectively have been brought on record as Annexure 15 and 20. Aforesaid orders are reproduced for reference:- Order dated 17.1.2011. “Heard the parties. Learned counsel for the petitioner submits that in view of statements made in counter affidavit and the Patna High Court CWJC No.7812 of 2012 (8) dt.09-04-2013 4/5 time scheduled indicated in annexure-A for completing the recruitment of all concerned Teachers in the second phase, the purpose of this Public Interest Litigation has been served. In that view of the matter, this writ petition is finally
Decision
disposed of.” Order dated 5.12.2011. “The present appeal has been filed in the form of P.I.L. by the petitioner questioning the inaction of the State Government in not taking steps for appointment of 2407 primary teachers in spite of the undertaking given by the State Government by filing counter affidavit in C.W.J.C. No. 17770 of 2010. However, we are of the opinion that it is not for the petitioner individually. The aggrieved persons may agitate their rights in accordance with law. to agitate right the With the above observation, the writ petitioner stands dismissed.” Petitioners submit that the selection process in different blocks of Gopalganj district has been completed and appointment letters have also been issued to the candidates save and except for Kuchaikot and Barauli blocks. Counter affidavit has been filed by respondent no.8. It has been stated that the then Principal Secretary, HRD vide letter no. 1486 dated 6.12.2010, Annexure 13 had directed to complete the 2nd phase selection/appointment process of teacher of Gopalganj by 12.2.2011. In para 9 respondents state that the next phase of process of appointment of Panchayat/Prakhand teachers had progressed vide Notification no. 242 dated Patna High Court CWJC No.7812 of 2012 (8) dt.09-04-2013 5/5 3.4.2012. They further state that in the meantime Appointment Rules, 2012 came into effect for recruiting more suitable aspirants and by now the appointment process is almost on the verge of completion. Stand of the State is that now selection of teachers is being processed as per Appointment Rules, 2012 to ensure appointment of more suitable teachers to usher the need of education. It appears that the petitioners have moved the Appellate Tribunal for redressal of the grievances. In that view of the matter, the writ petitions are disposed of observing that the Tribunal would decide the matter finally within two months from the date of receipt of this order. The writ petitions as well as Interlocutory applications available on record are disposed of with the aforesaid observations and directions. Shashi. (Samarendra Pratap Singh, J)