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Patna High Court - Orders

Md. Sallauddin vs The State Of Bihar & Ors on 18 April, 2016

Author: Samarendra Pratap Singh

Bench: Samarendra Pratap Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13278 of 2015
                 ======================================================
                 Md. Sallauddin
                                                                       .... .... Petitioner/s
                                                    Versus
                 The State of Bihar & Ors
                                                                      .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Subodh Jha
                 For the Respondent/s       : Mr. Devendra Kr Sinha, AAG-2
                 ======================================================
                 CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                            and
                            HONOURABLE MR. JUSTICE SAMARENDRA PRATAP
                            SINGH
                 ORAL ORDER
                 (Per: HONOURABLE THE ACTING CHIEF JUSTICE )

5   18-04-2016

Heard Mr. Subodh Jha, learned Counsel for the petitioner, and Mr. Devendra Kumar Sinha, learned Additional Advocate General No. 2, appearing for the State respondents.

Aggrieved by the fact that for the last nine years, no appointment of teachers, in various schools including the schools belonging to minorities in the State of Bihar, had been made on the ground that framing of relevant Rules by the State Government is pending, this writ petition was made under Article 226 of the Constitution of India, in the form of Public Interest Litigation, seeking appropriate directions.

Pursuant to our directions given by order, dated 04.04.2016, respondent No.2, namely, Dharmendra Singh Gangwar, Principal Secretary, Education Department, Government of Bihar, is personally present in Court and has filed his counter affidavit, wherein it has been submitted to the effect, Patna High Court CWJC No.13278 of 2015 (5) dt.18-04-2016 2 inter alia, that the guidelines, pertaining to appointment and service condition of teachers, in non-government aided elementary schools has been notified by memo No. 679, dated 14.04.2016, issued by the Principal Secretary, Education Department, Government of Bihar, embodying the procedure for appointment of teachers in all the schools including minority schools.

In view of the above, this Public Interest Litigation has, admittedly, served the intended purpose and is, therefore, closed with a direction to the respondents, particularly, respondent No.2, namely, Dharmendra Singh Gangwar, Principal Secretary, Education Department, Government of Bihar, Patna, to expedite the process of making appointment of teachers and complete the exercise, preferably, within a period of six month from today.

With the above observations and directions, this Public Interest Litigation, is disposed of.

Personal appearance of respondent No.2, namely, Dharmendra Singh Gangwar, Principal Secretary, Education Department, Government of Bihar, Patna, is hereby dispensed with.

(I.A. Ansari, ACJ) (Samarendra Pratap Singh, J) A.I./-

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