IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3345 of 2010
1. ABHIJIT KUMAR S/O LATE MAHADEV MANDAL R/O VILL.- SAKHUA
TOLA, P.O.- MADHOPUR, P.S.- DHAMDAHA, DISTT.- PURNIA-------
--------------------------------------PETITIONER
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY
HUMAN RESOURCE DEVELOPMENT DEPTT. GOVT. OF BIHAR,
PATNA
2. THE PRINCIPAL SECRETARY HUMAN RESOURCE DEVELOPMENT
DEPTT. GOVT. OF BIHAR, PATNA
3. THE DIRECTOR, PRIMARY EDUCATION GOVT. OF BIHAR,
PATNA
4. THE DISTRICT EDUCATION SUPERITENDENT-CUM-DISTRICT
PROGRAMME COORDINATOR, PURNIA KALI BARI ROAD, BHATTA
BAZAR, PURNIA
5. THE BLOCK EDUCATION EXTENSION OFFICER DHAMDAHA
WEST, PURNIA
6. THE MUKHIA, GRAM PANCHAYAT RAJ KISHANPUR BALUA
BLOCK AND ANCHAL - DHAMDAHA, PURNIA
7. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT KISHANPUR
BALUA BLOCK AND ANCHAL - DHAMDAHA, PURNIA
8. THE PRINCIPAL, PRIMARY SCHOOL SAKHUA TOLA, GRAM
PANCHAYAT KISHANPUR BALUA, BLOCK AND ANCHAL- DHAMDAHA,
PURNIA-----------------------RESPONDENTS
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For the Petitioner: Mr. Amaresh Kumar Sinha, Advocate
For the State: Mr. Aslam Ansari, AC to SC-14
———-
2 10.12.2010 Heard learned counsel for the parties.
Annexure-8 is the order by virtue of which
petitioner who was appointed as a Shiksha Mitra came to be
removed because he failed to obtain intermediate degree within 33
months of his engagement.
Contention of learned counsel for the petitioner is
that his case is squarely covered by a decision rendered by a
Bench of this Court in a batch of cases related to Indu Devi vrs.
The State of Bihar (CWJC No. 3700 of 2009 disposed of on
14.7.2009. The matter was considered in a quite detail after
having heard learned counsel for the State and taking into
consideration the Circular No. 2517 dated 4.7.2008 issued by the
respondent State it was held that no removal can be effected on the
-2-
ground of delay having been caused in obtaining intermediate
degree.
The case of the petitioner is covered by the said
decision. Therefore annexure-8 is quashed. Petitioner will be put
back in service forthwith, if he has been removed. Petitioner will
get the benefit of this order on reinstatement.
This writ application is allowed with the above
direction.
RPS (Ajay Kumar Tripathi,J.)