IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14120 of 2010
1.
DILIP KUMAR S/O JANARDHAN PRASAD R/O ADARSH GALI LANE,
G.C. BANARJEE ROAD, MUNDICHAK, P.S. KOTWALI, DISTT.-
BHAGALPUR——————–PETITIONER
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, BHAGALPUR, DISTT.- BHAGALPUR
5. THE DISTRICT SUPERINTENDENT OF EDUCATION BHAGALPUR,
DISTT.- BHAGALPUR
6. THE BLOCK EDUCATION EXTENTION OFFICER, SABOUR, DISTT.-
BHAGALPUR——————-RESPONDENTS
with
CWJC No.14139 of 2010
1. MINAKSHI KUMARI D/O LATE SURRENDRA YADAV R/O VILL.-
BIKRAMPUR, P.O. AND P.S.- BIHPUR, DISTT.- BHAGALPUR——–
—————————————PETITIONER
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, BHAGALPUR, DISTT.- BHAGALPUR
5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR,
DISTT.- BHAGALPUR
6. THE BLOCK EDUCATION EXTENTION OFFICER SABOUR, DISTT.-
BHAGALPUR—————————–RESPONDENTS
with
CWJC No.14145 of 2010
1. ANIL KUMAR BHARTI S/O BRAHMDEO MANDAL RESIDENT OF
VILLAGE-BABUPUR,P.O.AND P.S.SABOUR, DISTRICT.BHAGALPUR—–
————————————–PETITIONER
Versus
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY , HUMAN RESOURCES DEVELOPMENT
DEPARTMENT,GOBVERNMENT OF BIHAR PATNA.
3. THE DIRECTOR, PRIMARY EDUCATION,BIHAR PATNA.
4. THE DISTRICT MAGISTRATE,BHAGALPUR, DISTRICT BHAGALPUR.
5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR,
DISTRICT.BHAGALPUR.
6. THE BLOCK EDUCATION EXTENTION OFFICER,SABOUR,
DISTRICT.BHAGALPUR——————RESPONDENTS
with
CWJC No.14146 of 2010
1. ASHOK KUMAR BHARTI S/O MOHAN LAL MANDAL R/O VILL.-
BABUPUR, P.O. AND P.S.- SABOUR, DISTT.- BHAGALPUR———-
——————————–PETITIONER
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, BHAGALPUR, DISTT.- BHAGALPUR
5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR,
DISTT.- BHAGALPUR
6. THE BLOCK EDUCATION EXTENSION OFFICER, SABOUR, DISTT.-
BHAGALPUR—————————RESPONDENTS
with
CWJC No.14187 of 2010
-2-
1. MANISHA KUMARI D/O LATE SURRENDRA YADAV R/O VILL.-
BIKRAMPUR, P.O. AND P.S.- BIHPUR, DISTT.- BHAGALPUR——–
—————————–PETITIONER
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, BHAGALPUR, DISTT.- BHAGALPUR
5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR,
DISTT.- BHAGALPUR
6. THE BLOCK EDUCATION EXTENTION OFFICER, SABOUR, DISTT.-
BHAGALPUR—————————RESPONDENTS
with
CWJC No.14210 of 2010
1. MANOJ KUMAR S/O JANARDHAN PRASAD R/O ADARSH GALI LANE,
G.C. BANARJEE ROAD, MUNDICHAK, P.S. KOTWALI, DISTT.-
BHAGALPUR——————–PETITIONER
Versus
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVERNMENT OF BIHAR, PATNA
3. TH DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA
4. THE DISTRICT MAGISTRATE, BHAGALPUR, DISTT.- BHAGALPUR
5. THE DISTRICT SUPERINTENDENT OF EDUCATION BHAGALPUR,
DISTT.- BHAGALPUR
6. THE BLOCK EDUCATION EXTENTION OFFICER, SABOUR, DISTT.-
BHAGALPUR——————————-RESPONDENTS
with
CWJC No.14212 of 2010
1. GOPAL PODDAR S/O JAGDISH PODDAR R/O VILL.- BABUPUR,
PANCHAYAT- RAJANDIPUR, P.O. AND P.S.- SABOUR, DISTT.-
BHAGALPUR——————————PETITIONER
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, BHAGALPUR, DISTT.- BHAGALPUR
5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR,
DISTT.- BHAGALPUR
6. THE BLOCK EDUCATION EXTENTION OFFICER, SABOUR, DISTT.-
BHAGALPUR ——————————–RESPONDENTS
with
CWJC No.14218 of 2010
1. KAILASH KUMAR S/O JANARDHAN PODDAR R/O VILL.- BIKRAMPUR,
P.O. AND P.S.- BIHPUR, DISTT.- BHAGALPUR———PETITIONER
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, BHAGALPUR, DISTT.- BHAGALPUR
5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR,
DISTT.- BHAGALPUR
6. THE BLOCK EDUCATION EXTENTION OFFICER, SABOUR, DISTT.-
BHAGALPUR————————RESPONDENTS
with
CWJC No.14239 of 2010
1. KALYANI DEVI W/O PREMNATH SHANKAR R/O VILL.- MAMALKHA,
P.O.- MAMALKHA, P.S.- SABOUR, DISTT.- BHAGALPUR-PETITIONER
Versus
-3-
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, BHAGALPUR, DISTT.- BHAGALPUR
5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR,
DISTT.- BHAGALPUR
6. THE BLOCK EDUCATION EXTENTION OFFICER, SABOUR, DISTT.-
BHAGALPUR————————-RESPONDENTS
with
CWJC No.14264 of 2010
1. SUPRIYA KUMARI D/O SURRENDRA YADAV R/O VILL.- BIKRAMPUR,
P.O. AND P.S.- BIHPUR, DISTT.- BHAGALPUR—–PETITIONER
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, BHAGALPUR, DISTT.- BHAGALPUR
5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR,
DISTT.- BHAGALPUR
6. THE BLOCK EDUCATION EXTENTION OFFICER, SABOUR, DISTT.-
BHAGALPUR———————–RESPONDENTS
with
CWJC No.14270 of 2010
1. MUKESH KUMAR S/O BISHUNDEO PRASAD R/O GANGA BHAWAN, G.C.
BANARJEE ROAD, MUNDICHAK, P.S. KOTWALI, DISTT.- BHAGALPUR–
———————————-PETITIONER
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, BHAGALPUR, DISTT.- BHAGALPUR
5. THE DISTRICT SUPERINTENDENT OF EDUCATION BHAGALPUR,
DISTT.- BHAGALPUR
6. THE BLOCK EDUCATION EXTENTION OFFICER SABOUR, DISTT.-
BHAGALPUR——————————–RESPONDENTS
with
CWJC No.14273 of 2010
1. GEETA KUMARI W/O SHAMBHU PODDAR R/O VILL.- BABUPUR, P.O.
AND P.S.- SABAUR, DISTT.- BHAGALPUR———- PETITIONER
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, BHAGALPUR, DISTT.- BHAGALPUR
5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR,
DISTT.- BHAGALPUR
6. THE BLOCK EDUCATION EXTENTION OFFICER, SABAUR, DISTT.-
BHAGALPUR———————RESPONDENTS
———–
For the Petitioners: Mr. Sharda Nand Mishra, Advocate
Mr. Ranjan Kumar Jha, Advocate
For the Respondents: M/S.Rajendra Kr. Jha, Manikant Mishra
S.K.Singh, A.K.Singh & Ashutosh
Kumar, Advocates
Mr. Gopal Krishna AC to GP-19
Mr. Shambhu Nath AC to AAG-3.
————-
-4-
2 19.4.2011 All these writ applications have been heard
together and are being disposed of by this common order in view
of the fact that all the petitioners belong to the same school and so
is the issue raised.
There are very interesting facts which has
emerged from various pleadings, assertions from a close perusal of
these writ applications. The Court intentionally withholds
recording all those details for the reasons that the Court does not
want to interfere in these writ applications and express any opinion
on the merit of the claim of these petitioners, under the
circumstance under which the appointments of these petitioners
are being claimed as well as the stand taken by the respondents on
an enquiry having been carried out with regard to the school in
question. Obviously the facts are poles apart and there is no clear
evidence about the appointments of these petitioners on the post
and their working as such.
However the Court does not want to deny an
opportunity to these petitioners to place their cases before the
District Superintendent of Education, Bhagalpur, if they are so
advised. They may move the District Superintendent of Education,
with all the supporting evidence who will not only hear the
petitioners but even the establishment of the school in question,
verify the records and pass an appropriate order with regard to
their right or claim which has been raised in these writ
applications within a reasonable time frame.
-5-
All the twelve writ applications are disposed of
with the above direction.
RPS (Ajay Kumar Tripathi,J.)