Bibhishan Ram vs The State Of Bihar &Amp; Ors on 13 December, 2010

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CWJC No.3348 of 2010

                 1. BIBHISHAN RAM S/O RAMJI RAM R/O VILL.-
                    TULSIPUR, P.S.- KHARIK BAZAR ( NAUGACHIA ),
                    DISTT.- BHAGALPUR

                                                Versus

                 1. THE STATE OF BIHAR
                 2. DIRECTOR, SECONDARY EDUCATION BIHAR,
                 PATNA
                 3. REGIONAL DEPUTY DIRECTOR OF EDUCATION
                 BHAGALPUR, DISTT.- BHAGALPUR
                 4. COMMISSIONER BHAGALPUR DISTT.- BHAGALPUR
                 5. DISTRICT EDUCATION OFFICER, BHAGALPUR
                 DISTT.- BHAGALPUR
                 6. DISTRICT MAGISTRATE BHAGALPUR, DISTT.-
                 BHAGALPUR
                                       -----------

2 13/12/2010 Having heard learned counsel for the petitioner

and learned counsel for the State, the Court can only

observe that the case of the petitioner will have to be

considered in light of the circular which has been issued

by the Personnel Department in the background of the

decision rendered by the Constitution Bench of the

Supreme Court which is the case of Uma Devi.

Petitioner cannot get a better claim than that.

If petitioner comes within the parameters of said

policy decision of the State, he has a right for

consideration or else the law will take its course.
-2-

This writ application is disposed of with the

above observation.

AMIN/                  (Ajay Kumar Tripathi, J.)