Surendra Narayana v. State of Bihar

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order of direction, preferably one in the nature of Writ of Mandamus and to declare the impugned rejection order in proceedings Rc.No.31/Ser-lll-112021 , dt.26l5l2o22 issued by the 2nd respondent without any application of mind by reiecting the claim of the petitioner for fixation of seniority along with his batch mates, the said action of the respondents is highly illegal, arbitrary, unreasonable, discriminatory and also in violation of Art. 14, 16 and 2'l of the Constitution of lndia and declare the same as bad in law and set aside the same and consequently direct the respondents to consider the case of the petitioner for fixation of seniority along with his batch mates by following the recent Judgments of the Division bench of this Hon'ble Court in W.P.Nos. 21 193 of 2017, dt. 291612017, and W.P.Nos.1 4941, 32880 and 32882 of 2O14 and batch were allowed on 1310712022 by following the Apex Court Judgments in (1) Surendra Narayana Vs. State of Bihar (2) Barwanth Singh Nanrara and others Vs. State of Haryana and others. l.A.NO:1 OF 2023 Petition Under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the respondents to consider the case of the petitioner for fixation of seniority alongwith his batch mates by fofiowing the recent Judgments of the Division bench of this Honbre court in w.p.Nos. 21193 or 2017, dt, 291612017, and w.P.Nos.14941 , 32890 and 32882 ot 2014 and batch were ailowed on 1310712022 by forrowing the Apex court Judgments in (1) Surendra Narayana Vs. state of Bihar (2) Barwanth singh Nanvara and others vs. state of Haryana and others, by passing finar orders on the representation of the petitioner dt. 11lo\l2o22, without reference to the impugned rejection order, dt.26tst2o22 issued by the 2nd respondent, pending disposal of the above writ petition. Counsel for the Petitioner : SRt C.RAJA SEKHAR REDDY Counsel for the Respondents : Gp FOR SERVICES The Court at the stage of admission made the following ORDER Y :- 1 THE HON'BLE SRI JUSTICE PULLA KARTHIK W.P.No.13OO of 2023 ORDER: The writ petition is frled with the following prayer: "To issue aI appropriate Writ, Order or direction preferably one in the nature of Writ of Mandamus and to declare the impugned rejection order in proceedings Rc.No.31/SerJII-l l2O2l dt 26/5/2022 issued by the 2.a respondent without any application of mind by rejecting the claim of the petitioner for fixation of seniority along wrth his batch mates, the said action of the respondents is highly illegal, arbitrary, unreasonable, discriminatory and also in violation of Art 14, 16 and 21. of the Constitution of India and declare the sa;ne as bad in law and set aside the same and consequently direct the respondents to consider the case of the petitioner for fixation of seniority along with his batch mates by following the recent Judgments of the Division bench of this Honble Court in W.P.Nos.21l93 of 2Ol7 dt29/6/2017 arrd W.P.Nos.1494l, 32aao and 32882 of 2Ol4 ard batch were allowed on l3/O7/2O22 by following the Apex Court Judgrnents in (1) Surendra Narayana Vs State of Bihar (2) Balwanth Singh Narwala and others Vs State of Haryana and others".

2. Heard Sri C.Rajashekar Reddy, learned counsel for the petitioner and the learned Government Pleader for Services, appearing for the respondents and perused the record I \

3. The learned counsel appearing for the petitioner submits that the subject matter of the present writ petition is squarely covered by I I I 2 t t the order of this Court dated 26.10.2022 in W.P.No.39O41 of 2022 and prayed this Court to pass a similar order in the present writ petition also

4. Learned Government Pleader for Services-I has not disputed the aforesaid submission of the learned counsel for the petitioner

5. Having regard to the submissions made by the respective parties and for the reasons a-like in the order dated 26.1O.2022 in W.P.No.3904 | of 2O22, the writ petition is disposed of with a direction to the respondent No.1 to consider the representation of the petitioner dated 6.10.2O22 and. pass appropriate orders thereon in accordance with law and in terms of the orders of this Court in the above writ petition, in accordance with law, without reference to the proceedings issued by respondent No.2 in Rc.No.31/Ser-lII I l2O2l dated 26.5.2022, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. As a sequel thereto, miscellaneous applications, if any, pending rn this writ petition stand closed. There shall be no order as to costs. //TRUE COPY// SD/-T.TIRUMALA DEVI ASSISTANT REGISTRAR ION OFFICER

1. The Principal Secretary, School Education Department, Secretariat Buildings, State of Telangana at Hyderabad - 5OO O22.

2. The Commissioner and Director of School Education, Saifabad, Hyderabad - 500 022.

3. The District Educational Officer, Mulugu District. 4. Two CCs to GP FOR SERVICES, High Court forthe State of Telangana at Hyderabad. [oUT]

5. One CC to SRI C.RAJA SEKHAR REDDY, Advocate [OPUC] 6. Two CD Copies To 9sr HIGH COURT DATED:2410112025 ORDER WP.No.1300 of 2023 $E STA r4, \ q r0 1!,. t..'rl tit.. + 'i-_ I 6 rrB 2025 J- 'Es p..i.c "1- DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. .t c[, @ b-- ''c\An