Patna High Court
Md. Imtiyaz Ali And Ors vs The State Of Bihar And Ors on 27 July, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11447 of 2018
======================================================
1. Md. Ejaaz Kauser Khan and Ors S/o Md. Azfarul Kauser Khan, R/o
VillP.O.- Gauri, P.S.- Nanpur, Dist- Sitamarhi.
2. Shahid Reza, S/o Md. Abbas, R/o VillPO- Mehsaul, P.S.- Runni Saidpur,
Dist- Sitamarhi.
3. Md. Niyaj Ashraf, S/o Md. Moin Ashraf, R/o Vill- Sahpur, PO- Awapur,
P.S.- Pupri, Dist- Sitamarhi.
4. Md. Zaki Haidar Khan, S/o Md. Hasin Haidar Khan, R/o VillPO- Gauri,
P.S.- Nanpur, Dist- Sitamarhi.
5. Israt Khatoon, S/o Md Atibul Khan, R/o VillPO- Runnisaidpur, P.S.-
Runnisaidpur, Dist- Sitamarhi.
6. Aabda Khatoon, S/o Md. Mazharul Haqu, R/o Vill- Giddah Phulwariya, PO-
Suhai Gadh, P.S.- Runnisaidpur, Dist- Sitamarhi.
7. Md. Shakil Ahmad, S/o Md. Sairul Hoda, R/o VillPO- Shirkhiriya, P.S.-
Runnisaidpur, Dist- Sitamarhi.
8. Md. Afroj Khan, S/o Md. Jasim Khan, R/o VillPO- Bailgarh Mananpur Ward
01 P.S.- Runnisaidpur, Dist- Sitamarhi.
9. Md. Istayak Alam, S/o Md. Zafirul Hasan, R/o VillPO- Gaus Nagar, P.S.-
Runnisaidpur, Dist- Sitamarhi.
10. Sultana Praveen, S/o Abdul Alam, Ro VillPO- Rakshiya, P.S.- Runnisaidpur,
Dist- Sitamarhi.
11. Nazre Alam, S/o Md. Amirul Haqe, R/o Vill- Giddah Phulwariya, P.O.-
Suhai Gadh, P.S.- Runnisaidpur, Dist- Sitamarhi.
12. Afira Zabin, S/o Ahmad Reza, R/o Vill- Mauna, P.O.- Olipur, P.S.-
Runnisaidpur, Dist- Sitamarhi.
13. Md. Jugno, S/o Abdul Mannn, R/o Vill- Nanpur North, P.O.- Nanpur, P.S.-
Nanpur, Dist- Sitamarhi.
14. Iftekhar Ahmad, S/o Hasin Akhtar, R/o Vill- Nanpur North, P.O.- Nanpur,
P.S.- Nanpur, Dist- Sitamarhi.
15. Baby Zahan, S/o Md. Ejaj Kausar Khan, R/o VillPO- Gauri, P.S.- Nanpur,
Dist- Sitamarhi.
16. Nahida Tabbasum, S/o Taukir Alam, R/o VillPO- Majhaur, P.S.- Nanpur,
Dist- Sitamarhi.
17. Ghazi Asadullah, S/o Md Safir, R/o VillPO- Gauri, P.S.- Nanpur, Dist-
Sitamarhi.
18. Zeba Khanam, S/o Israrul Haqe Khan, R/o VillPO- Majhaur, P.S.- Nanpur,
Dist- Sitamarhi.
19. Imbesat Baano, S.o Md. Asif, R/o Vill- Bahurar, P.O.- Dadri, P.S.- Nanpur,
Dist- Sitamarhi.
20. Md. Asaduj Zama Khan, S/o Masihuzama Khan, R/o VillPO- Gauri, P.S.-
Nanpur, Dist- Sitamarhi.
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21. Md. Ehsaan Elahi, S/o Md. Mohsin, R/o Vill- Lohaitha, PO- Dorpur, P.S.-
Nanpur, Dist- Sitamarhi.
22. Juli Khanam, S/o Israrul Haqu Khan, R/o VillPO- Majhaur, P.S.- Nanpur,
Dist- Sitamarhi.
23. Md. Nausad Alam, S/o Md. Abbas, R/o VillPO- Gauri, P.S.- Nanpur, Dist-
Sitamarhi.
24. Farzana Begam, S/o Abdul Mannn, R/o VillPO- Pandaul Buzurg, P.S.-
Nanpur, Dist- Sitamarhi.
25. Shahin Praveen, S/o Md. Akhtar, R/o VillPO- Dorpur, P.S.- Nanpur, Dist-
Sitamarhi.
26. Abdullah Khalid, S/o Md. Halim, R/o VillPO- Rasulganj Koili, P.S.- Nanpur,
Dist- Sitamarhi.
27. Md. Shakil, S/o Md. Islam, R/o VillPO- Dorpur, P.S.- Nanpur, Dist-
Sitamarhi.
28. Rehan Hasan Quadri, S/o Naqui Ahmad, R/o VillPO- Dorpur, P.S.- Nanpur,
Dist- Sitamarhi.
29. Md. Maksood Alam, S/o Md. Mansoor Alam, R/o VillPO- Majhaur, P.S.-
Nanpur, Dist- Sitamarhi.
30. Qamre Ashiqe Khan, S/o Makruz Zama Khan, R/o VillPO- Gauri, P.S.-
Nanpur, District- Sitamarhi.
31. Jeba Sahnaj, S/o Md. Abbs, R/o Ward- 09, Mehsaul Purvi, P.S.- Sitamarhi,
Dist- Sitamarhi.
32. Md. Gulam Gaus, S/o Md. Mahtab Khan, R/o Ward- 09, Mehsarul Purvi,
P.S.- Sitamarhi, Dist- Sitamarhi.
33. Naazra Paikar, S/o Mahfuz Khan, R/o Mehsaul Purvi, P.S.- Sitamarhi, Dist-
Sitamarhi.
34. Sahina Praveen, S/o Amin Sarvar Khan, R/o VillPO- Mehsaul Purvi, P.S.-
Sitamarhi, Dist- Sitamarhi.
35. Nayla Khatoon, S/o Sabir Ahmad, R/o VillPO- Bhabdehpur, P.S.Dist-
Sitamarhi.
36. Intekhab Hussain, S/o Zakir Hussain, R/o VillPO- Rajopatti, P.S.- Sitamarhi,
Dist- Sitamarhi.
37. Arshad Ali, S/o Md. Zamsaid Ali, R/o Mehsaul, P.S.- Sitamarhi, Dist-
Sitamarhi.
38. Md. Hasim, S/o Lal Mohammad, R/o Vill- Basatpur, PO- Amghatta, P.S.-
Dumra, Dist- Sitamarhi.
39. Nusrat Praveen, S/o Sabbir Alam Khan, R/o VillPO- Rajopatti, P.S.-
Sitamarhi, Dist- Sitamarhi.
40. Samir, S/o Md. Samim, R/o VillPO- Mejarganj, P.S.- Mejarganj, Dist-
Sitamarhi.
41. Soni Khatoon, S/o Md. Samim, R/o VillPO- Mejarganj, P.S.- Mejarganj,
Dist- Sitamarhi.
42. Zanesar Alam, S/o Md. Jahir Alam, R/o Vill- Dhanhara, P.O.- Parsurampur,
Patna High Court CWJC No.11447 of 2018 dt27-07-2022
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P.S.- Parsauni, Dist- Sitamarhi.
43. Rizwana Khatoon, S/o Md. Kamruddin, R/o Vill- Dema, P.O.- Madanpur,
P.S.- Parsauni, Dist- Sitamarhi.
44. Sagufta Praveen, S/o Md. Sagir, R/o Vill- Dema, PO- Madanpur, P.S.-
Parsauni, Dist- Sitamarhi.
45. Md. Reyaj, S/o Md. Rahmat Ali, R/o Vill- Nagar Panchayat Belsand, P.S.-
Belsand, Dist- Sitamarhi.
46. Musrat Praveen, S/o Md. Ahmad, R/o Vill- Bariyarpur, P.O.- Kansaar, P.S.-
Belsand, Dist- Sitamarhi.
47. Sahimul Haqe, S/o Zainul Haqe, R/o Vill- Maula Nagar, P.O.- Pachnaur,
P.S.- Belsand, Dist- Sitamarhi.
48. Ozair Alam Rizvi, S/o Md. Abbas, R/o Nagar Panchayat Belsand, P.S.-
Belsand, Dist- Sitamarhi.
49. Md. Sharfe Alam, S/o Md. Sabbir, R/o VillPO- Banaul, P.S.- Nanpur, Dist-
Sitamarhi.
50. Praveen Zahan, S/o Md. Qamre Alam, R/o VillPO- Banaul, P.S.- Nanpur,
Dist- Sitamarhi.
51. Nazrana Khatoon, S/o Md. Murtuza, R/o VillPO- Ramnagra Gamhariya,
P.S.- Suppi, Dist- Sitamarhi.
52. Md. Anwar Alam, S/o Mojibur Rahman, R/o Vill- Mirzapur, P.O.-
Madaripur, P.S.- Bajpatti, Dist- Sitamarhi.
53. Noor Zahan Praveen, S/o Md. Ali Hussain Khan, R/o VillPO- Bedaul, P.S.-
Pupri, Dist- Sitamarhi.
54. Kaushar Praveen, S/o Md. Nasir Alam, R/o VillPO- Belmohan Halim Tol,
P.S.- Pupri, Dist- Sitamarhi.
55. Md. Tazuddin Khan, S/o Md. Waris Khan, R/o Gramn Panchayat Janakpur
Road Rajbag, P.S.- Pupri, Dist- Sitamarhi.
56. Md. Arif Hussain, S/o Md. Ansar, R/o Vill- Gangwara, P.O.- Pupri, P.S.-
Pupri, Dist- Sitamarhi.
57. Sama Rahman, S/o Md. Habibur Rahman, R/o VillPO- Balha Maksudanpur,
P.S.- Pupri, Dist- Sitamarhi.
58. Imteyaj Ahamd, S/o Sadik Hussain, R/o Vill- Maula Nagar, P.O.- Awapur,
P.S.- Pupri, Dist- Sitamarhi.
59. Md. Zahid Hussain, S/o Md. Gulam Qadir, R/o Gramn. Panchayat Janakpur
Road, P.S.- Pupri, Dist- Sitamarhi.
60. Tanvir Jamal, S/o Zahir Ahamd, R/o Vill- Bel Mohan, P.O.- Pupri, P.S.-
Pupri, Dist- Sitamarhi.
61. Md. Wasi Ahmad, S/o Sairul Hoda, R/o Vill- Belmohan Halimpur, P.O.-
Bazar Samiti, P.S.- Pupri, Dist- Sitamarhi.
62. Md. Javed, S/o Md. Zahir Ahmad, R/o Vill- Ahiyatol, P.O.- Awapur, P.S.-
Pupri, Dist- Sitamarhi.
63. Md. Faiyaj Ahmad, S/o Md. Ziyaullah, R/o Vill- Ahiyatol, P.O.- Awapur,
P.S.- Pupri, Dist- Sitamarhi.
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64. Tarannum Begam, S/o Md. Matin Ashraf, R/o Vill- Sahpur, P.O.- Awapur,
P.S.- Pupri, Dist- Sitamarhi.
65. Md. Nasir Alam, S/o Md. Shabbir Alam, R/o Vill- Belmohan Halim Tol,
P.O.- Bazar Samiti, P.S.- Pupri, Dist- Sitamarhi.
66. Imran Khan, S/o Md. Kasim Khan, R/o Vill- Pupri, P.O.- Ratan Lakshmi,
P.S.- Pupri, Dist- Sitamarhi.
67. Md. Hakim Khan, S/o Md. Salim Khan, R/o VillPO- Gangti, P.S.- Pupri,
Dist- Sitamarhi.
68. Md. Dastagir, S/o Md. Zahir Zamal, R/o Vill- Belmohan Halim Tol, P.O.-
Bazar Samiti, P.S.- Pupri, Dist- Sitamarhi.
69. Md. Sadik Hussain, S/o Md. Taslim, R/o VillPO- Bacharpur, P.S.- Pupri,
Dist- Sitamarhi.
70. Sarifur Rahman, S/o Md. Murshid Khan, R/o Vill- Madpa, P.O.- Pipradadan,
P.S.- Kanhauli, Dist- Sitamarhi.
71. Md. Sanaullah Khan, S/o Md. Gulcha Khan, R/o Vill- Madpa, P.O.-
Pipradadan, P.S.- Kanhauli, Dist- Sitamarhi.
72. Kaushar Ali Khan, S/o Md. Husain Khan, R/o Vill- Fatehpur, P.O.- Bhuthi,
P.S.- Sonbarsa, Dist- Sitamarhi.
73. Md. Sajid Ali Khan, S/o Md. Nasrullah Khan, R/o Vill- Madpa, P.O.-
Pipradadan, P.S.- Kanhauli, Dist- Sitamarhi.
74. Md. Salim Raja, S/o Md. Mozibur Rahan Khan, R/o Vill- Fatehpur, P.O.-
Bhuthi, P.S.- Sonbarsa, Dist- Sitamarhi.
75. Gulam Samdani, S/o Md. Ayub, R/o Vill- Baara, P.O.- Lahuriya, P.S.- Bela,
Dist- Sitamarhi.
76. Sahina Praveen, S/o Md. Ansarul Haqe, R/o Vill- Baara, P.O.- Lahuriya,
P.S.- Bela, Dist- Sitamarhi.
77. Md. Mustak, S/o Md. Anwarul Haqe, R/o Vill- Baara, P.O.- Lahuriya, P.S.-
Bela, Dist- Sitamarhi.
78. Md. Noor Aein, S/o Md. Sibli, R/o Vill- Betha, P.O.- Bethaa, P.S.- Bela,
Dist- Sitamarhi.
79. Aslam Jawed, S/o Abdul Wadood, R/o VillPO- Bhakurahar Ward 16 P.S.-
Bairganiya, Dist- Sitamarhi.
80. Md. Wazhul Qumar Khan, S/o Md. Nurullah Khan, Vill- Bhatuliya, P.O.-
Bel, P.S.- Bairganiya, Dist- Sitamarhi.
81. Aarfa Sadaf, S/o MD. Wazhul Qamar Khan, Vill- Bhatuliya, P.O.- Bel, P.S.-
Bairganiya, Dist- Sitamarhi.
82. Hussna Bano, S/o MD. Abrarul Haqe, R/o VillP.O.- Bhakurahar, P.S.-
Bairganiya, Dist- Sitamarhi.
83. Md. Firoz Khan, S/o Abdul Hafiz Khan, R/o VillP.O.- Bhakurahar Ward 15,
P.S.- Bairganiya, Dist- Sitamarhi.
84. Md. Zaffar Equbal, S/o Md. Samsuddin, R/o VillPO- Marpa Tahir, P.S.-
Bairganiya, Dist- Sitamarhi.
85. Md. Sadare Alam, S/o Abdul Khalik, R/o VillPO- Marpa Tahir, P.S.-
Patna High Court CWJC No.11447 of 2018 dt27-07-2022
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Bairganiya, Dist- Sitamarhi.
86. Md. Firdaus Alam Khan, S/o Abdul Hafiz Khan, R/o VillP.O.- Bhakurahar
Ward No 15, P.S.- Bairganiya, Dist- Sitamarhi.
87. Afrida Khanam, S/o Ejajul Khan, R/o Vill- Joriyahi, P.O.- Bel, P.S.-
BAirganiya, Dist- Sitamarhi.
88. Shafquat Jahan, S/o MD. Ali Hasnain, R/o VillP.O.- Bhakurahar Hospital
Road 15, P.S.- Bairganiya, Dist- Sitamarhi.
89. Md. Amjad Reza, S/o Md. Abrarul Hasan, R/o VillP.O.- Bath Asli, P.S.-
Nanpur, Dist- Sitamarhi.
90. Md. Naushad Alam, S/o Md. Younus, R/o VillP.O.- Bhakurahar Hospital
Road 17, P.S.- Bairganiya, Dist- Sitamarhi.
91. Irfan Alam, S/o Md. Badiuzzamma, R/o Vill- Dema, P.O.- Madanpur, P.S.-
Parsauni, Dist- Sitamarhi.
92. Nuzhat Jahan, S/o Md. Muzaffar Alam, R/o VillPO- Raipur, P.S.- Nanpur,
Dist- Sitamarhi.
93. Md. Asraf Ali, S/o Md. Abul Salam, R/o Vill- Dema, P.O.- Madanpur, P.S.-
Parsauni, Dist- Sitamarhi.
94. Anwari Begam, S/o Md. Zafrul Islam, R/o VillPO- Bacharpur, P.S.- Pupri,
Dist- Sitamarhi.
95. Hasan Tauhid, S/o Abdus Samad, R/o VillPO- Garha, P.S.- Pupri, Dist-
Sitamarhi. ... Petitioners
Versus
1. The State Of Bihar
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Director, Public Education, Education Department, Govt. of Bihar,
Patna.
4. The District Magistrate, Sitamarhi.
5. The District Education Officer, Sitamarhi.
6. The District Programme Officer Sakshrata, Sitamarhi. null null
7. The Block Education Officer, Dumra Block, Sitamarhi.
8. The Block Education Officer, Nanpur Block, Sitamarhi.
9. The Block Education Officer, Runisaidpur Block, Sitamarhi.
10. The Block Education Officer, Pupari Block, Sitamarhi.
11. The Block Education Officer, Belsand Block, Sitamarhi.
12. The Block Education Officer, Bairgania Block, Sitamarhi.
13. The Block Education Officer, Bajpati Block, Sitamarhi.
14. The Block Education Officer, Parihar Block, Sitamarhi.
15. The Block Education Officer, Majorganj Block, Sitamarhi.
16. The Block Education Officer, Sonebarsa Block, Sitamarhi.
17. The Block Education Officer, Parsauni Block, Sitamarhi.
Patna High Court CWJC No.11447 of 2018 dt27-07-2022
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18. The Block Education Officer, Suppi Block, Sitamarhi.
19. The Block Education Officer, Bokhara Block, Sitamarhi. ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 4247 of 2018
======================================================
1. Rumi Darakhsan Wife of Saba Ahmad,
2. Md. Ali Khan, Son of Md. Mansoor Alam, Both resident of Village-
Laxmipur, Police Station- Banka, District- Banka. ... Petitioners
Versus
1. The State Of Bihar
2. The Principal Secretary, Department of Human Resources Development,
Bihar, Patna.
3. The District Magistrate, Banka.
4. The District Programme Officer Literacy, Banka.
5. The S.D.O. Block- Banka, Police Station and District- Banka.
6. The D.E.O. Block- Banka, Police Station and District- Banka.
7. The Headmaster, Primary Urdu School, Laxmipur Block, Banka, P.S. and
District- Banka.
8. The President, Co-ordination Committee, Talimi Markaz Urdu Primary
School, Laxmipur, P.S. and District- Banka.
9. The Secretary, Co-ordination Committee, Talimi Markaz Urdu Primary
School, Laxmipur, P.S. and District- Banka.
10. Md. Yunus Salim, Son of Mubarak Hussain, Resident of Village- Masuria,
District- Banka. ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 16400 of 2018
======================================================
1. Md. Naqui Imam and Ors S/o Abdul Kalam R/o Village- Laxmipur, P.O.-
Laxmipur, P.S. Mahua, District-Vaishali.
2. Md. Ashraf S/o Abdul Hafiz R/o Village- Majlispur, P.O.- Govindpur
Gokhula, P.S.- Bidupur, District- Vaishali.
3. Md. Shamshad S/o Marhum Md. Jalil R/o Village- Sherpur, P.O. Hajipur,
P.S.- Gangabriz, Distt, Vaishali.
4. Md. Naushad S/o Nasim Jahiri R/o Village- Chakjado, P.O.- Dargahbela,
P.S.- Baligao, Distt. Vaishali.
5. Nishant Fatima W/o Zaki Hasan R/o Village- Kamtaulia, P.O.- Balukaram,
P.S. Vaishali, Distt. Vaishali.
6. Mosarrat Jahan W/o Jawed Iqbal R/o Village-Dargah Bela, P.O. Dargah
Bela, P.S. Baligaon, Distt. Vaishali.
7. Farzana Khatoon W/o Faiyaz Ahamad R/o Village- Basti Sarshikan, P.O.
Kishanpur Telaur, P.S. Goraul, Distt. Vaishali.
Patna High Court CWJC No.11447 of 2018 dt27-07-2022
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8. Sanjeeda Khatoon W/o Sharfe Alam R/o Village-Quilla Ladui, P.O.-
Chandpura,P.S. Rajapakar, Distt. Vaishali.
9. Kahkasha Pravin W/o Md. Rashid Raja R/o Village- Sanchidapatti
Tangual,P.O. Sanchipatti, Tangaul, P.S. Hajipur, Distt. Vaishali
10. Rabbana Khatoon W/o Md. Manzoor Hasan R/o Village- Saidpur Ganesh,
P.O. Panapur- Dharampur, P.S. Bidupur, Distt. Vaishali.
11. Moiz Alam S/o late Lal Mohammad R/o Village- Basti Sarsikan, P.O.
Kishun Pur Telaur, P.S. Chehrakala, Distt. Vaishali.
12. Rijwana Khatoon W/o Neyaj Alam R/o Village- Beladam, P.O. Govindpur
Bela, P.S. Baligao,Distt. Vaishali.
13. Samima Bano W/o Faiyaz Ahamad R/o Village- Akhtiyarpur Doghara, P.O.
Baligaon, P.S.- Baligaon, Distt. Vaishali.
14. Afsana Khatoon W/o Md. Shabbir R/o Village- Hasanchak, P.O. Wazidpur
Saidad, P.S.Bidupur, Distt. Vaishali.
15. Md. Shabbir S/o Md. Yunus R/o Village- Hasanchak, P.O. Wazidpur Saidad,
P.S.Bidupur, Distt. Vaishali.
16. Rijwana Khatoon W/o Iltaf Ahamad Khan R/o Village- Andarkila, P.O.
Hajipur, P.S. Hajipur, Distt. Vaishali.
17. Ifran Ahmad S/o Masood Ahamad R/o Village- Kawadin, P.O. Beladargah,
P.S. Baligaon, District- Vaishali.
18. Md. Mushtak S/o Md. Farid R/o Village- Bidupur Pathantoli, P.O. Bidupur
Bazar, P.S.- Bidupur, District- Vaishali.
19. Nagama Shahin D/o Abdul Rashid R/o Village- Mail, P.O. Bhairopur, P.S.
Bidupur, District- Vaishali. ... Petitioners
Versus
1. The State Of Bihar
2. The Director, Jan Shiksha, State of Bihar, Patna.
3. The District Magistrate, Vaishali.
4. The District Education Officer, Vaishali.
5. The District Program Officer Saksharta, Vaishali.
6. The Block Education Officer, Hajipur, Vaishali.
7. The Block Education Officer, Patepur, Vaishali.
8. The Block Education Officer, Vaishali, Vaishali.
9. The Block Education Officer, Goraul, Vaishali.
10. The Block Education Officer, Rajapakar, Vaishali.
11. The Block Education Officer, Bidupur, Vaishali.
12. The Block Education Officer, Cheharakala, Vaishali. ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 16960 of 2018
======================================================
Patna High Court CWJC No.11447 of 2018 dt27-07-2022
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1. Md. Imtiyaz Ali, son of Md. Mumtaz Hussain, resident of village Kajraili,
P.S. Kajraili, district Bhagalpur
2. Nasreen Naaz, D/O Md. Sultan Ahmad and w/o Md. Athar Warid, resident
of village Shahpur Tamauni, P.S. Kajraili, district Bhagalpur
3. Md. s/o Md. Subhan, resident of village Shahpur Tamauni, P.S. Kajraili,
district Bhagalpur
4. Nargin Begum, w/o Ganimat Hussain, resident of village Simariya, P.S.
Kajraili, district Bhagalpur
5. Naushaba Bani, w/o Md. Hardil Aziz Khan, resident of village Simariya,
P.S. Kajraili, district Bhagalpur
6. Arzoo Hashmi, w/o Md. Monawar Ahmad, resident of village Simariya,
P.S. Kajraili, district Bhagalpur
7. Md. Sajjad, s/o Md. Mansoor, resident of village Bhathorhia, P.S.
Nathnagar, district Bhagalpur
8. Gasiya Parween, d/o Md. Wasi Alam, resident of village Simariya, P.S.
Kajraili, district Bhagalpur
9. Quasmi Begum, w/o Abdul Basit, resident of village Simariya, P.S.
Kajraili, district Bhagalpur
10. Bibi Tamanna Begum w/o Md. Kamrul Hoda, resident of village
Simariya, P.S. Kajraili, district Bhagalpur
11. Hasrabi, d/o late Md. Wakil, w/o Md. Zeya Karim, resident of
village/Mohalla Hatia Chowk, Bhikhanpur, Gumti No. 3, P.S. Ishachak,
district Bhagalpur
12. Darakhshan Kausar, d/o Md. Yahya and w/o Md. Parwez Ahmad, C/o Md.
Zeya Karim, esident of village/Mohalla Hatia Chowk, Bhikhanpur, Gumti No.
3, P.S. Ishachak, district Bhagalpur
13. Syeda Tafsir Fatima, d/o Syed Walayat Ali, resident of village Mogalpura,
Hussainabad, Mirzan Hat, P.S. Muzahidpur, district Bhagalpur
14. Shahid Begum, d/o Md. Zakir Hussain, C/o Md. Wasi Ahmad, resident of
village/Mohalla Kabirpur, Nathnagar, P.S. Nathnagar, district Bhagalpur
15. Md. Sarifuddin, s/o Md. Mansoor Alam, resident of village Ujani, P.O.
Maniya More, P.S. Naugachia, district Bhagalpur
16. Md. Anzar Alam, s/o Md. Mushtaq Alam, resident of village Ujani, P.O.
Maniya More, P.S. Naugachia, district Bhagalpur
17. Md. Tanweer Alam, s/o Md. Farooqaue Azam, resident of village Baisi
Jahangirpur, P.S. Rangra Chowk, district Bhagalpur
18. Md. Tarique Ahmad, s/o Md. Farooque Ahmad, resident of village Baisi
Jahangirpur, P.S. Rangra Chowk, district Bhagalpur
19. Md. Imtiyazuudin, s/o Md. Islam, resident of village Baisi Jahangirpur,
P.S. Rangra Chowk, district Bhagalpur
20. Zeba Perwin, w/o Md. Parwej Alam, resident of village and PO Rangra,
PW Rangra Chowk, district Bhagalpur
21. Md. Fakruddin, s/o Md. Bashiruddin,resident of village and PO Rangra,
PW Rangra Chowk, district Bhagalpur
22. Md. Nehal Hussain, s/o Md. Nofiduddin, resident of village & P.O.
Lokmanpur, P.S. Kharik district Bhagalpur.
23. Md. Fariduddin, s/o Md. Raruk, resident of village & P.O. Lokmanpur,
P.S. Kharik district Bhagalpur ... Petitioners
Versus
1. The State Of Bihar
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna
Patna High Court CWJC No.11447 of 2018 dt27-07-2022
9/26
3. The Director, Jan Shiksha-cum-Secretgary, Bihar State Sahkarita Mission
Authority, Bihar, Patna
4. The District Magistrate, Bhagalpur
5. The District Education Officer, Bhagalpur
6. The District Programme Officer (Literacy), Bhagalpur
7. The District Programe Officer (Sarv Shiksha Abhiyan), district Bhagalpur
8. The District Programme Officer, Establishment, Bhagalpur
9. The Block Education Officer, Nathnagar, Bhagarpur
10. The Block Education Officer, Kharik, Bhagalpur
11. The Block Education Officer, Rangra, Bhagalpur
12. The Block Education Officer, Naugachia, Bhagalpur ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 18790 of 2018
======================================================
1. Md. Obaid Alam Son of Late Md. Taslim, Resident of Village-Rampur, P.O.
P.S.-Warisnagar, District Samastipur.
2. Tabssum Perween, Daughter of Dastagir Hiadar, Resident of Village P.O.-
Mathurapur, P.S.-Warisnagar, District-Samastipur.
3. Gulnazj Praveen, Wife of Kafil Azam, Resident of Village-Mishrauliya
Chauth, Chandanpatti, District-Muzaffarpur.
4. Md. Kahful Wara, Son of Noorul Hoda, Resident of Ward No.9, Ratwara,
P.S.-Ratwara, District-Samastipur.
5. Sana Shabahat Daughter of S.M. Khusheed Asghar, Resident of Ward No.9
Rampur, Madhopur, P.S.-Warisnagar, District-Samastipur.
6. Shabana Nahid, Daughter of Syed Mohammad Khursheed Ashgar, Resident
of Village-Mathurapur, P.S.-Warisgnagar, Distirct-Samastipur.
7. Faiyaz Ali Ahmad, Son of Md. Motiur Rahman, Resident of Village-
Madhopur, P.O.-Kishanpur, P.S.-Warisnagar, District Samastipur.
... Petitioners
Versus
1. The State Of Bihar
2. The Principal Secretary, Secondary Education, Education Department,
Government of Bihar, Patna, Dis
3. The Dirctor, Primary Education, Governmetn of BIhar, Patna.
4. The Director, Mass Education, Government of BIhar, Patna
5. The District Magistrate, Samastipur, District-Samastipur
6. The Distirct Education Officer, Samastipur, District-Samastipur.
7. The District Programme Officer, Literacy, Samastipur, District-Samastipur.
8. The District Programme Officer, Sarva Shiksha Abhiyan, Samastipur,
District-Samastipur.
9. The District Programme Officer, Establishment, Samastipur District-
Samastipur. ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 19274 of 2018
Patna High Court CWJC No.11447 of 2018 dt27-07-2022
10/26
======================================================
Ismat Jabeen Daughter of Alim Ashraf, Resident of Ward No.11, Mathurarpur,
P.S.-Warisnagar District-Samastipur ... Petitioners
Versus
1. The State Of Bihar
2. The Principal Secretary, Secondary Education, Education Department,
Government of BIhar, Patna, Dis
3. The Director, Primary Education, Government of BIhar, Patna.
4. The Director, Mass Education, Government of Bihar, Patna.
5. The Director, Bihar State Project Council, Bihar, Patna.
6. The District Magistrate, Samastipur, District-Samastipur
7. The District Education Officer, Samastipur, District-Samastipur.
8. The District Programme Officer Literacy, Samastipur Distirct-Samastipur.
9. The Disrict Programme Officer, Sarv Shiksha Abhiyan, Samastipur, District-
Samastipur.
10. The District Programme Officer, Establishment, Samastipur District-
Samastipur. ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 21401 of 2018
======================================================
1. Moin Amhad Khan @ Moin Ahmed Khan and Ors S/o Ali Ashraf Khan R/o
Vill-Karinga Musehari,P.O.-Magaidih,Distt.-Saran
2. Aminuddin S/o Akramul Haque R/o Vill-Rasauli,P.O. Rasauli,P.S.
Panapur,Distt.-Saran
3. Raja Murad S/o Samsuddin R/o Vill-At P.O. Sahwan,P.S. Iswapur,Distt.-
Saran
4. Sima Parween D/o Imtiaz Khan R/o At and P.O. Sekh Toli Kopal,P.S. Kopa
Bazar,Distt.-Saran
5. Juhi Khatoon D/o Md. Taiyab Hussain R/o Vill-Narayanpur Safi Tola,P.O.
Rehanpur,P.S. Garkha,Distt.-Saran
6. Afrina Bano D/o Md. Nashrullah R/o Vill-Karah Niyamat Tola,P.O.P.S.
Baniyapur,Distt.-Saran
7. Shakila Khatoon D/o Mr.Akhtar Hussain R/o Vill-Karah,Dargahi
Tola,P.O.P.S. Baniyapur,Distt.-Saran
8. Shahnaj Bano D/o Md. Qamruzzma R/o Vill.-Manpur,P.O. Khaira,P.S.
Khaira,Distt.-Saran
9. Nagama Parween D/o Sher Mohammad R/oVill.-Rajwara,P.O. Usri
Chandrapura,P.S. Taraya,Distt.-Saran
10. Roshan Tara D/o Manawar Khan R/oVill.-Radalpur,P.O.P.S.-Jalalpur,Distt.-
Saran
11. Sabiha Parween D/o Shoaib Ahmad R/o-At and P.O. Manpur,P.S.
Khaira,Distt.-Saran
Patna High Court CWJC No.11447 of 2018 dt27-07-2022
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12. Neelu Parveen D/o Shoaib Ahamd Khan R/o-At and P.O. Manpur P.S.
Khaira,Distt.-Saran
13. Nikhat Parveen D/o Md. Shahid Hussain R/o Vill.-Shambhu Chapra,Tola
Mirdahapatti,P.O.-Basahi,P.S. Janta Bazar,Distt.-Saran
14. Tabassum Khatoon D/o Aftab Ali Vill Andhar bari,P.O. Taraioya,P.S.
Taraiya,Distt.-Saran
15. Yasmin Khatoon D/o Wazir Khan Vill-Manpur Tola, Parweez Khan,P.S.
Nagra,Distt.-Saran ... Petitioners
Versus
1. The State Of Bihar
2. The Principal Secretary,Education Department,Govt. of Bihar,Patna
3. The Director,Public Education,Education Department,Govt. of Bihar,Patna
4. The District Magistrate,Saran
5. The District Education Officer,saran null null
6. The District Programme OfficerSakshrata , Saran
7. The Block Education Officer,Sadar Block,Distt.-Saran
8. The Block Education Officer,Panapur Block,Distt.-Saran
9. The Block Education Officer,Ishuapur Block,Distt.-Saran
10. The Block Education Officer,Julalpur Block,Distt.-Saran
11. The Block Education Officer,Garkha Block,Distt.-Saran
12. The Block Education Officer,Baniyapur Block,Distt-Saran
13. The Block Education Officer,Nagra Block,Distt.-Saran
14. The Block Education Officer,Tariya Block,Distt.-Saran
15. The Block Education Officer,Lahladpur Block,Distt.-Saran ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 18753 of 2019
======================================================
Shamma Parveen D/o- Late Mubark Hussain R/o- Vill - Mujra, P.S.-
Ramnagar, Distt- West Champaran ... Petitioner
Versus
1. The State of Bihar Through the Principal Secretary, Education Department
Govt. of Bihar, Patna.
2. The Director of Primary Education Department Govt. of Bihar, Patna.
3. The District Magistrate West Champaran.
4. The District Programme Officer (estt.) West Champaran.
5. The Block Development Officer Block- Ramnagar, Distt- West Champaran
at Bettiah.
6. The Block Education Officer Block- Ramnagar, Distt- West Champaran at
Bettiah. ... Respondents
Patna High Court CWJC No.11447 of 2018 dt27-07-2022
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======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 11447 of 2018)
For the Petitioner/s : Mr.Rajeev Kumar Singh, Adv.
For the Respondent/s : Mr.Kameshwar Kumar -Gp17
(In Civil Writ Jurisdiction Case No. 4247 of 2018)
For the Petitioner/s : Mr.Md. Najmul Hodda, Adv.
For the Respondent/s : Smt. Binita Singh-Sc28
(In Civil Writ Jurisdiction Case No. 16400 of 2018)
For the Petitioner/s : Mr. Basant Kr. Choudhary, Sr. Adv. with
Mr.Shashi Bhushan Kumar, Adv.
For the Respondent/s : Mr.Subhash Chandra Mishra- Sc16
(In Civil Writ Jurisdiction Case No. 16960 of 2018)
For the Petitioner/s : Mr.Dhirendra Kumar Jha, Adv.
For the Respondent/s : Mr.Prabhakar Jha -Gp27
(In Civil Writ Jurisdiction Case No. 18790 of 2018)
For the Petitioner/s : Mr.Mrityunjay Kumar, Adv.
For the Respondent/s : Smt.Shilpa Singh -Ga12
(In Civil Writ Jurisdiction Case No. 19274 of 2018)
For the Petitioner/s : Mr.Mrityunjay Kumar, Adv.
For the Respondent/s : Smt.Binita Singh -Sc28
(In Civil Writ Jurisdiction Case No. 21401 of 2018)
For the Petitioner/s : Mr.Rajeev Kumar Singh, Adv.
For the Respondent/s : Mr.Madanjeet Kumar -Gp20
(In Civil Writ Jurisdiction Case No. 18753 of 2019)
For the Petitioner/s : Mr.Rajeev Kumar Singh, Adv.
For the Respondent/s : Mr.Madhaw Prasad Yadaw (Gp23)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
RESERVED JUDGMENT
Date : 27-07-2022
Heard the parties.
2. All these writ petitions raise common question and were
therefore heard together. The facts are almost similar and, therefore, they
have been heard together.
3. Brief narration of facts would be appropriate for disposal of all
the petitions although each writ petition mentions the facts in their own
Patna High Court CWJC No.11447 of 2018 dt27-07-2022
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way, but, the common facts are being mentioned. The distinction would
also be mentioned appropriately.
4. In the State of Bihar the Government formulated a scheme for
providing upliftment of students of minority community of age between 6
to 10 years known as Taleemi Markaz. The said scheme was essentially
for the elementary education to the children of socially and economically
extremely backward muslim community as an alternate method of
education. It provided for appointment of one teacher at the Markaz
(elementary school) for 20 children to 40 and two teachers from 40 to 100
and from 100 above three teachers. Education was to be imparted to the
children of the level up to Class II. The teacher was to be known as a
Shikshak Swayamsevaks (volunteer teachers) and he was to be appointed
from the extremely backward muslim community therein. The volunteer
was required to be matric pass and was to be given an honorarium of
Rs.2,000/- per month. The management was to be done by a management
committee and the area was to be provided by the concerned committee
for the elementary school, namely, Markas. The management committee
was to consist of eight members, which would include five members from
the parents of the children. The funds were being received for the purpose
from the Government of Bihar as well as under the Sarv Shiksha Abhiyan
and by the UNICEF.
Patna High Court CWJC No.11447 of 2018 dt27-07-2022
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5. It is the case of the petitioners that they had applied for
appointment as Shikshak Swamsevaks in the Taleemi Markaz and
appointment orders were issued in their favour from 2009 onwards. The
date of joining of the petitioners in C.W.J.C. No. 11447 of 2018 is
mentioned along with their qualifications as Annexure 7. In C.W.J.C. No.
16400 of 2018, the petitioners were appointed on 20th May, 2011.
6. The State Government vide its memorandum, dated 20 th August,
2015, extended the services of the Shikshak Swamsevaks (volunteers) up
to 60 years of age and their salary was also fixed at Rs.8,000/- per month.
7. The petitioner in C.W.J.C. No. 18753 of 2019 was appointed on 2 nd
February, 2009. She has stated that her name was included in the list of
those Shikshak Swamsevaks who were to be absorbed and placed in the
pay scale of Rs.8,000/- as she was not allowed to mark her attendance
with effect from 01.02.2010 and she made several representations in this
regard and her name was ultimately sent by the Block Education Officer
vide letter, dated 01.10.2016, intimating about the experience given by
her. A certificate has been placed of having worked from 2009 to
09.12.2013ultimately she filed a C.W.J.C. No. 5027 of 2018 wherein this Court vide order, dated 09.12.2016 disposed of the petition with liberty to the petitioner to approach the respondent by filing a representation annexing the letter, dated 01.10.2016. The District Magistrate has taken a decision that as per the order, dated 08.08.2016, the selection of Shikshak Patna High Court CWJC No.11447 of 2018 dt27-07-2022 15/26 Swamsevaks has been temporarily put to hold and, thereafter, the new guidelines have been issued in 2018 which lay down different aspects for selection, aggrieved thereof she has filed the present petitioner.
8. In C.W.J.C. No. 16960 of 2018, the petitioners have challenged the order, dated 16.07.2018, issued by the District Programme Officer, Literary, whereby he has directed to terminate the services of all the Shikshak Swamsevaks of Taleemi Markaz who belonged to minorities general caste. They have stated to have been appointed initially in 2010, 2011 and 2012. The appointment letters of the petitioners are on record as Annexure 2.
9. The petitioners in C.W.J.C. No. 11447 of 2018 have also challenged the order, dated 19.05.2018.
10. In C.W.J.C. No. 18790 of 2018 the petitioners have stated that they were appointed in 2011, they too have challenged the order, dated 16.11.2018.
11. In C.W.J.C. No. 19274 of 2018 the petitioner states that she was appointed on 10.07.2014.
12. In C.W.J.C. No. 21401 of 2018 the petitioners were appointed in 2013 and 2014 as mentioned in Annexure 3.
13. In all the writ petitions the essential challenge to the order issued by the Director, Education, to District Programme Officer on 19.05.2018 wherein it is pointed out that out of the total Shikshak Swamsevaks. There Patna High Court CWJC No.11447 of 2018 dt27-07-2022 16/26 are 173 of them who were from general caste of muslims and did not belong to the extremely backward caste of muslims and, therefore, was directed that their services be dispensed with. Letter was sent to the District Programme Officer, Sitamarhi.
14. A letter was sent by the Director on 16.07.2018 to all the District Programme Officer to terminate the services of those volunteers/teachers teaching in the Markaz who belong to general category of muslims and were not from the caste of the concerned children who belonging to the extremely backward class of the area. It was further directed that all such volunteers be issued a show cause notice and by speaking order their service be terminated.
15. Learned counsel for the petitioners submits that earlier bunch of writ petitions came to be filed before this Court as the respondents had issued a letter on 18.01.2016 whereby the petitioners were removed from service from the post of teachers/volunteers of Markaz. It is submitted that this Court vide order passed in C.W.J.C. No. 5951 of 2016, dated 27.03.2018 set aside the order and decision to terminate the service, but, gave opportunity to the respondents to make enquiry in accordance with law after giving opportunity of hearing and show cause that the petitioners engagement is found contrary to the guidelines the respondents would be required to take appropriate decision. The petitioners were thereafter reinstated and now the present order has been passed.
Patna High Court CWJC No.11447 of 2018 dt27-07-2022 17/26
16. The coordinate Bench of this Court h as passed similar orders in other writ petitions, namely, C.W.J.C. No. 6802 of 2019 on 13.08.2019, C.W.J.C. No. 1862 of 2018, decided on 04.09.2019 and others also. Thus, learned counsel submits that the order impugned seeks to take away the service rendered by the petitioners of more than 7 to 8 years and the show cause notice as observed by this Court, issued by the respondents is an empty formality and an eye wash. It is submitted that the respondents had already taken the decision to terminate the service of the petitioners as is apparent from the order of the Director, dated 19.05.2018.
17. The learned counsel for the petitioners has submitted that the petitioners' appointment can not be said to be illegal or contrary to the scheme. It is submitted that the scheme does not bar binding on teachers/ volunteers for the Markaz who are from general caste of muslims while it mentions that the appointment should be made from persons who are from the extremely backward class of the community but they were to be given preference only. It did not in any manner mean that otherwise would be debar from participating in the selection process. The guidelines contain in the scheme, were advisory and not binding. The appointment therefore can not be said to be illegal and there was no occasion to remove the petitioners after they have worked and performed duty for a long time and having their services extended time-to-time. It is also submitted that the petitioners have already undergone a training.
Patna High Court CWJC No.11447 of 2018 dt27-07-2022 18/26
18. Learned counsel for the petitioners has also invited attention to Annexure 12, documents placed in C.W.J.C. No. 11447 of 2018, dated 01.09.2014. It is an order issued by the Director, the District Programme Officer, Supaul, explaining the guidelines and has specifically mentioned that there is no illegality in appointing persons who are otherwise eligible from the muslim community on the post of volunteers. The guidelines only talk about giving priority to the EBC candidates and on their non-availability teachers could be appointed from general caste of the muslims.
19. The State counsel have vehemently opposed the submission and stated that the petitioners were given an opportunity of hearing and, thereafter, decision has been taken to terminate their service.
"4: That at the outset, it is humbly stated that the Scheme 'Mahkadalit, Dalit Avam Alpsankhyak Atipichhra Varg Akshar Anchal Yojna' has been prepared keeping in king the following educational challenges in Bihar;
(i) In 2009, the 'Right to Free and Compulsory Education Act' was enacted. For its compliance, the Education Department has made a 'Compulsory Education Manual, 2011'. Itg is not only our duly but our responsibility to educate children in the age ground of 6 to 14 years Patna High Court CWJC No.11447 of 2018 dt27-07-2022 19/26
(ii) That according to 2011 census, the literary rte in Bihar was 63.82% and it was only 53.53% in case of females. Constant endeavour on part of the Government, in the field of primaty education has led to 99% enrollment but by the time the students reach 8th standard, a large number of the drop out.
(iii) That the analysis done of literacy and educational backwardness clearly show that education and literacy among the socially and economically backward classes is a challenge for the State of Bihar. Further, analysis of inadequacy in education, population growth, child marriage, malnutrition and health related issues have shown that the households where the mothers/women are educated, there, the children perform better in terms of education, health and other areas.
(iv) That in order to develop and uplift the backward classes, it is necessary that literacy among mothers/women is functionally achieved. There are several social evils working against women in our society. They have been discriminated for a long time.
Ony after eradicating these evils, we can make a developed, educated, knowledge based equal society. Patna High Court CWJC No.11447 of 2018 dt27-07-2022 20/26
(v) That in this background, in 2012-13, the Government of Bihar launched 'Mahkadalit, Dalit Avam Alpsankhyak Atipichhra Varg Akshar Anchal Yojna'. This Scheme is expected to rersult in a notable increase in literacy among Mahkadalits, Dalits and Minority Extremely Backward Classes, especially female literacy within these classes. The aim of the Scheme is to provide quality education and help the women and children from these communities to enter into mainstream social life smoothly. It is basically a programme for educational upliftment and activation of the group in focus. For the Talimi Markaz and Utthan Kendras have been established.
5. That to execute this Scheme, Tola Sevaks and Siksba Swayam Sevis are appointed. They are supposed to work as social workers and their main work shall include inspiring people from these communities to get property education, maintain a register of all the children and illiterate adult women who are under this scheme and to link them with literacy, educational, social change Schemes being run by the Government, among other things. They are essentially to function as motivators and facilitators.
Patna High Court CWJC No.11447 of 2018 dt27-07-2022 21/26
6. That the candidates for appointment for the position of these Tola Sevaks and Siksha Swayam Sevis (education volunteers) will be of Mahadalit, Dalit and Alpsakhyak Atipichhra families preferably belonging to that Tola or locality. Those tols in which any these categories would be in majority, then preference shall be given to candidate from Mahadalit, Dalit it or EBC minority class."
20. In the said background, learned counsel for the respondents submits that as the programme was for upliftment of the said communities children only the people who were to teach ought to be from the said category alone in order to have an inclusive development. However, as volunteers have been appointed from the categories which can not be such from mahadalit, dalit of the minority communities, their services were directed to be dispensed with as complaint was received of two persons from the extremely minority community of being deprived of appointment. The unreserved category of minority were therefore wrongly included and appointed. The learned counsel submitted that their termination does not warrant any interference.
21. I have considered the submissions.
22. The only question involved in the present petitions is whether appointment of Shikshak Swamsevaks volunteers for Taleemi Markaz from general category of the minority community can be said to be illegal or unjustified and their services likely to be terminated. Patna High Court CWJC No.11447 of 2018 dt27-07-2022 22/26
23. Close look at the guidelines issued by the Department while introducing the scheme, dated 18.08.2009, reflects that the purpose was to provide education to children between age of 6 to 10 years belonging to socially and educationally extremely backward class of muslims. The volunteers were to be appointed preferably from those caste of muslim community of which the children were appointed who were registered in the Taleemi Markaz. The word preferably used in the scheme for appointment of volunteers appears to have been treated as a guideline and out of the total volunteers appointed, several of them belonged to the general muslim community. Such volunteers continue to perform their duties for years together and ow after the State Government decided to place them on a regular rolls and continued them up to the age of 60 years with a fixed salary, the Director has issued such an order specially for some particular districts of Bihar holding such appointments to be illegal. The impugned order also directs the District Programme Officer to serve a notice of show cause to the concerned volunteers and, thereafter, terminate their services as soon as possible.
24. The very basic principles of fair play and natural justice are thus found to be flouted. A decision has been taken before whereafter show cause notice has been issued. Post decisional compliance of principles of natural justice is of no purpose. It is an eye wash and appears to have only to show a Patna High Court CWJC No.11447 of 2018 dt27-07-2022 23/26 paper compliance of the order passed by this Court in the previous round of proceedings.
25. In the earlier proceedings this Court did not examine the issue regarding the nature of appointment of the petitioners and, therefore, this Court would deal with the said aspect. It is also pertinent to notice that the Director has changed his stand which he has rook earlier in 2014. It would be appropriate to quote the clarification issued by the Director on 01.09.2014.
**i=kad& 13 @ lk0 2&18@2012@1355 fcgkj ljdkj f"k{kk foHkkx izs'kd] MkW0 [kq"khZn vkye] funs"kd] tu f"k{kk fcgkj] iVuk A lsok esa] ftyk dk;ZØe inkf/kdkjh ¼lk{kjrk ,oa ek/;fed f"k{kk½ lqikSy A iVuk] fnukad& 01@09@14 fo"k; % egknfyr] vYila[;d ,oa vfrfiNM+k oxZ v{kj vk¡py ;kstuk ds varxZr rkyheh ejdt ds f"k{kk Lo;alsfo;ksa ds p;u ds laca/k esa A izlax % vkidk i=kad& 146 fnukad& 17-07-2014 A egk"k;] mi;qZDr fo'k; ,oa izlax dh vksj vkidk /;ku vkd`'V djrs gq, dguk gS fd lqikSy ftys ds 25 rkyheh ejdt ds f"k{kk Lo;alsfo;ksa ds p;u ds laca/k esa ekxZn"kZu pkgk gS fd p;u lfefr }kjk eqfLye leqnk; ds vR;ar fiNM+k oxZ ds mEehnokjksa dh vuqiyC/krk ds dkj.k eqfLye leqnk; dh lkekU; tkfr ds mEehnokjkaas ds f"k{kk lsoh ds :i esa p;u dks ekU;rk nh tk; ;k ughaA bl laca/k esa Li'V djuk gS fd mRFkku dsUnz ds Vksyk lsodksa ,oa rkyheh ejdt ds f"k{kk Lo;alsfo;ksa dk p;u iwoZ esa loZ f"k{kk vfHk;ku ds varxZr mRFkku dsUnzksa ,oa rkyheha ejdtksa ds fy;s fuxZr ekxZ funsZf"kdk ds vk/kkj ij djuk FkkA rkyheh ejdt ds f"k{kk Lo;alsfo;ksa ds laca/k esa lanfHkZr ekxZ&funsZf"kdk esa funsZ"k Fkk fd lacaf/kr Patna High Court CWJC No.11447 of 2018 dt27-07-2022 24/26 leqnk; ds f"kf"k{kqvksa dh tkfr ds f"k{kk Lo;alsoh dks izkFkfedrk nh tk;A ;g ek= izkFkfedrk FkhA Li'V gS fd eqfLye leqnk; dh fiNM+h tkfr ds f"k{kk Lo;alsfo;ksa dh vuqiyC/krk dh fLFkfr esa ;g p;u fd;k x;k Fkk tks vkids i= ls Li'V gSA ftyksa }kjk baVjehfM,V ;ksX;rk izkIr mEehnokjksa dh vuqiyC/krk ds dkj.k rRdkyhu funs"kd ds i=kad& 2336 fnukad& 23-12-2013 }kjk iwoZ dh ekxZ nf"kZdk esa foLrkj djrs gq, bl vk"k; dk i= fuxZr fd;k x;k Fkk fd baVjehfM,V ;ksX;rk/kkjh ugha feyus dh fLFkfr esa ekSyoh ;ksX;rk/kkjh dk p;u f"k{kk Lo;alsoh ds :i esa fd;k tk ldrk gS ,oa vdknfed :i ls ;ksX; mEehnokj ugha feyus dh fLFkfr esa ml iapk;r ds v/khu fudVre Vksyk ds ;ksX; O;fDr dk p;u fd;k tk ldrk gSA ;g funsZ"k f"k{kk Lo;alsfo;ksa dh tkfrxr ;ksX;rk ds laca/k esa fuXkZr p;u fd;k tk ldrk gSA ;g funsZ"k f"k{kk Lo;alsfo;ksa dh tkfrxr ;ksX;rk ds laca/k esa fuxZr ugha FkkA lkFk gh] vkids ftys esa lapkyu lfefr }kjk fd;k x;k p;u bl funsZ"k ds iwoZ dk gSA vr% mDr ds vkyksd esa p;u lfefr }kjk eqfLye leqnk; ds vR;ar fiNM+k oxZ ds mEehnokjksa dh vuqiyC/krk ds dkj.k eqfLye leqnk; dh lkekU; tkfr ds mEehnokjksa ds f"k{kk lsoh ds :i esa p;u dks ekU;rk nsus ds laca/k esa ftyk inkf/kdkjh ls vuqjks/k fd;k tk ldrk gSA fo"oklHkktu g0@& ¼MkW0 [kq"khZn vkye½ funs"kd] tu f"k{kk fcgkj] iVuk A Kkikad& 1355 iVuk @ fnukad 01@09@14 izfrfyfi %& ftyk inkf/kdkjh] lqikSy@ftyk f"k{kk inkf/kdkjh] lqikSy dks lwpukFkZ ,oa vko";d dk;kZFkZ izsf'kr A g0@& funs"kd] tu f"k{kk fcgkj] iVuk A**
26. The order impugned dated 19.05.2018 passed by the Director does not mention about his above quoted earlier order. It also does not deal with the aspect and circumstances in which persons belonging to general category of muslims could be appointed.
27. In the circumstances this Court does not have any hesitation in holding that the orders impugned, dated 19.05.2018 and 16.07.2018, and Patna High Court CWJC No.11447 of 2018 dt27-07-2022 25/26 further communication issued to the District Programme Officer, dated 20.05.2018, for removing the petitioners from the post of Shikshak Swayamsevaks (volunteer teachers) are not sustainable in law.
28. So far as case of Shama Parveen is concerned, this Court finds that she has worked as volunteer teachers only for a short period up to 2016, as the certificate of experience issued on 01.10.2016 and recognized by the Block Education Officer in his letter, dated 01.10.2016, has been duly upheld by this Court in its order, dated 09.10.2016, passed in C.W.J.C. No. 5027 of 2018, she would be entitled to the same benefit as those volunteer teachers who were appointed in 2009 and will have to be considered for absorption as teachers. Therefore order directing her apply under the scheme of 2018 is unjustified as scheme of 2018 would not be applicable on her as she was appointed under the earlier scheme and the same is set aside by an order, dated 15.04.2019, passed in Case No. R.M. 39/18-19. It has been pointed out that the State Government has again issued guidelines for appointing Shikshak Swamsevaks Taleemi Markaz in 2018. however, such scheme would be applicable only for fresh appointment and ot to those who were already appointed from 2009 onwards under the earlier scheme.
29. Those petitioners who are continuing in terms of the interim order passed by the Court in their cases, shall continue to perform their duties and be also entitled to received salary from the date it was stopped by the respondents. The salary shall be released within a period of two months. The Patna High Court CWJC No.11447 of 2018 dt27-07-2022 26/26 petitioners would be also entitled to receive interest at the rate of 6% of their arrears of salary.
30. Those petitioners whose services were dispensed with shall be entitled to reinstatement with continuity in service and would be also entitled to payment of their salary as above. However, for the period they have not worked, they will be only given benefit of notional salary following principles of no work no pay. The petitioners would be now allowed to continue as regular teachers as per the scheme. The petitioners shall be granted the same status as granted to other volunteers of the Taleemi Markaz who have been taken over by the State Government.
31. The writ petition is accordingly allowed and the compliance has to be made within a period of three months. No costs.
(Sanjeev Prakash Sharma, J) Shamshad/-
AFR/NAFR AFR CAV DATE 23.06.2022 Uploading Date 02.08.2022 Transmission Date N/A