Patna High Court - Orders
Barun Kumar Kunwar & Ors vs The State Of Bihar & Ors on 2 September, 2014
Author: Jayanandan Singh
Bench: Jayanandan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8929 of 2014
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1. Leeladhar Kumar Son of Sri Jagat Narayan Ray R/o Village - Bhutha,
P.S. Pupari, District - Sitamarhi
2. Rina Devi D/o Lakshman Prasad R/O Village - Mayurwa ( West ), P.S.
Sonabarsa, District - Sitamarhi
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department
Government of Bihar, Patna
2. The Director, Primary Education Government of , Bihar, Patna
3. The District Magistrate, Sitamarhi, District - Sitamarhi
4. The District Education Officer, Sitamarhi, District - Sitamarhi
5. The District Programme Officer ( Establishment ), Sitamarhi, District -
Sitamarhi
6. The Block Development Officer, Sursand, District - Sitamarhi
7. The Block Education Officer, Sursand, District - Sitamarhi null null
8. The Pramukh, Sursand, District - Sitamarhi
9. The Block Development Officer, Sursand, District - Sitamarhi
10. The Block Education Officer, Sursand, District - Sitamarhi
11. The Panchayat Secretary, Gram Panchayat Raj Kanhauli, Block -
Sonnabarsa, District - Sitamarhi
12. The Mukhiya, Gram Panchayat Raj - Kanhauli, Sonabarsa, District -
Sitamarhi
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.7912 of 2013
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1. Shivu Ram S/O Magain Ram R/O Village- Rahua Sangram, P.S.- Bhena,
District- Madhubani
.... .... Petitioner/s
Versus
1. The State Of Bihar Through Its Principal Secretary Human Resources
Development Department, Bihar, Patna
2. The Director, Primary Education, Bihar, Patna
3. The Regional Deputy Director Of Education, Darbhanga Division,
Darbhanga
4. The District Magistrate, Madhubani
5. The District Education Officer, Madhubani
6. The Block Education Officer, Block- Madhepur, District- Madhubani
7. The Panchayat Secretary Gram Panchayat Raj, Rahua Sangram, Block
Madhepur, District- Madhubani
8. The Mukhiya, Gram Panchayat Raj Rahua Sangram, Block- Madhepur,
District- Madhubani
9. The Headmaster Primary School, Nahri Jagannathpur, Block- Madhepur,
District- Madhubani
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.8172 of 2013
Patna High Court CWJC No.8929 of 2014 (7) dt.02-09-2014
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1. Halima Khatun W/O Shahadat Husain R/O Village- Parsauni, P.O.-
Tengraha, P.S.- Bhena, District- Madhubani
.... .... Petitioner/s
Versus
1. The State Of Bihar Through Its Principal Secretary Human Resources
Development, Bihar, Patna
2. The Director, Primary Education, Bihar, Patna
3. The Regional Deputy Director Of Education, Darbhanga Division,
Darbhanga
4. The District Magistrate, Madhubani
5. The District Education Officer, Madhubani
6. The Block Education Officer, Block- Madhepur, District- Madhubani
7. The Panchayat Secretary Gram Panchayat Raj, Dwalakh, Block
Madhepur, District- Madhubani
8. The Mukhiya, Gram Panchayat Raj Dwalakh, Block- Madhepur,
District- Madhubani
9. The Headmaster, Primary School Parsauni, Block- Madhepur, District-
Madhubani
... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.8731 of 2014
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1. Barun Kumar Kunwar S/O Hari Narayan Kuwar, resident of village-
Baduna, P.S.- Bidyapati Nagar, District- Samastipur
2. Mahre Nigar Fakhera, D/O Md. Mustaqeen, resident of village-
Bahadurpur, P.S.- Ghataho, District- Samastipur
3. Poonam Kumari D/O Shri Shyam Kant Thakur, Resident of Babhan
Bigha, Kanauli Road No. 1, P.S.- Mithanpur, District- Muzaffarpur
4. Manju Kumari D/O Shri Ramakant Jha, resident of village- Kesho
Nayayanpur, P.S.- P. Haloni, District- Samastipur
5. Kamini Devi D/O Shri Ramadhar Thakur, resident of village- Dharampur
Bandha, P.S.- P. Halani, District- Samastipur
6. Manju Kumari D/O Ramashish Jha resident of village- Mahisari, P.O.-
Ujiarpur, District- Samastipur
7. Rekha Kumari D/O Kapildeo Paswan, resident of village- Balari, P.S.-
Ujiarpur, District- Samastipur
8. Anju Rani D/O Ram Chander Siswan, resident of village- Pataily, P.S.-
Ujiarpur, District- Samastipur
9. Rizwana Parween D/O Md. Zahurul Haque, W/O Anjar Ahamad, resident
of village- Ksabeanhar, P.S.- Tajpur, District- Samastipur
10. Indu Kumari D/O Ramdev Paswan W/O Sanjay Kumar, resident of
village- Ujiarpur, P.S.- Ujiarpur, District- Samastipur
11. Rehana Khatun D/o Md. Younus W/O Md. Alauddin, resident of
village- Bnghara, P.S.- Ghataho, District- Samastipur
12. Manju Kumari D/O Mahendra Choudhary, W/O Dinesh Kumar Jha,
resident of village- Shahpur Parohi, P.S.- Bibhutipur, District- Samastipur
13. Farida Khatopon D/O Md. Ramatullah, W/O Md. Ali, resident of
village- Imansaray, P.S.- Patori, District- Samastipur
14. Anju Kumari D/O Banvali Mahto, W/O Indrajit Kumar Singh, resident
of village- Vajidpur, P.S.- Samastipur, District- Samastipur
Patna High Court CWJC No.8929 of 2014 (7) dt.02-09-2014
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15. Samina Khatoon D/O Md. Abdula Hakim W/O Hukim, resident of
village- Babhanagama, P.S.- Dalsinghsarai, District- Samastipur
16. Anita Kumari D/O Baleswar Choudhary, W/O Akhileshwar Jha,
resident of village- Rahuadharampur, P.S.- Rosera, District- Samastipur
17. Meera Kumari D/O Shyam Narayan Singh, resident of village-
Bibhutipur, P.S.- Bibhutipur, District- Samastipur
18. Manju Kumari, D/O Ram Uday Singh, W/O Ram Kishore Singh,
resident of village- Diyantpur, P.S.- Bibhutipur, District- Samastipur
19. Meena Kumari, D/O Budhan Mahto, W/o Rajendra Prasad, resident of
village- Bhuswar, P.S.- Bibhutipur, District- Samastipur
20. Nutan Kumari, D/O Dayanand Roy W/O Jitendra Kumar, resident of
village- Chaksikender, P.S.- Tajpur, District- Samastipur
21. Sanjeeda Khatoon, D/O Md. Quasim, W/O Hafiz Md. Zahagir, resident
of village- Rahimtola, P.S.- Ujiarpur, District- Samastipur
22. Bhikhari Roy, S/O Bijan Roy, resident of village- Buvarvanna, P.S.-
Varis Nagar, District- Samastipur
23. Shaheen Naz D/O Abour Rashid, W/O Faiyazur Rahman, resident of
village- Muzalaman Tola, Rajkhand, P.S.- Samastipur, District- Samastipur
24. Anita Kumari, D/O Jagdish Chandra Jha, W/O Devkant Jha, resident of
village- Sherpur, P.S.- Vidyapati, District- Samastipur
25. Kundan Kumari, D/O Uma Shankar Singh W/O Rajeev Kumar
Choudhary, resident of village- Chandchour, Mauthrapur, P.S.- Ujiarpur,
District- Samaastipur
26. Vishnath Sahani, S/O Shiaram Sharan Sahni, resident of Gado Bazidpur,
P.S.- Dalsinghsarai, District- Samastipur
27. Kameshwar Thakur S/O Dinesh Thakur, P.S.- Musharighari, District-
Samastipur
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resources
Development Department, Govt. of Bihar, Patna null null
2. The Principal Secretary, Human Resources Development Department,
Govt. of Bihar, Patna
3. The Director, Primary Education, Government of Bihar, Patna
4. The District Education Officer, Samastipur, District- Samastipur
5. The District Programmer Officer, Samastipur, District- Samastipur
6. The Director, State Education Research and Training Council, Bihar,
Patna
.... .... Respondent/s
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Appearance :
(In CWJC No.8929 of 2014)
For the Petitioner/s : Mr. Mrityunjay Kumar
For the Respondent/s : Mr. Ga11- Partha Sarthy
(In CWJC No.7912 of 2013)
For the Petitioner/s : Mr.
For the Respondent/s : Mr.
(In CWJC No.8172 of 2013)
For the Petitioner/s : Mr.
For the Respondent/s : Mr.
(In CWJC No.8731 of 2014)
For the Petitioner/s : Mr. Ajay Kumar Singh
Patna High Court CWJC No.8929 of 2014 (7) dt.02-09-2014
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For the Respondent/s : Mr. Gp13- Naseem Yahya
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CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH
ORAL ORDER
7 02-09-2014The provisions of the Rules were noticed by this Court in its order dated 17.7.2014. In view of this Rule, this Court had allowed time to learned counsel for the respondents to seek instructions in respect of proper implementation of the provisions. By order dated 01.08.2014, this Court directed the Principal Secretary of the Department to consider the matter and file an affidavit.
A supplementary counter affidavit sworn by him has been filed today. In the counter affidavit statements on oath in paragraph 5 and 6 are as follows :-
"5. That in continuation to the earlier counter affidavit filed in the present case it is further most respectfully submitted that presently decision at the department level has been taken to provide one more opportunity for appearing in efficiency test to such teachers/candidates who had twice failed in the efficiency tests previously held in the year 2009, 2011 and 2013."
"6. That in follow up to the said decision taken at the department level presently steps are being taken for getting amendment in the Bihar Panchayat Prarambhik Teacher (Employment and Service) amended Rule 2012 as well as in Bihar Nagar Prarambhik Teacher (Employment and Service) amended Rule 2012 to the Patna High Court CWJC No.8929 of 2014 (7) dt.02-09-2014 5 aforesaid extent."
Thus, it appears that 3rd opportunity is now going to be provided to the teachers to clear the test even if they have failed twice. It is stated that necessary amendments are going to be made.
In the circumstances, this Court directs the Principal Secretary to issue immediate letters to all concerned not to take action in view of the said provisions of the Rules and in view of the letter no.298 dated 28.2.2014 issued by the Department to all District Education Officers and District Programme Officers. The Principal Secretary is directed to pass order for keeping in abeyance the same pending amendment in the Rules.
This writ application is accordingly disposed of with the aforesaid observations and directions.
The stand of the Department is applicable in all matters. All writ applications raising similar issue stands disposed of in terms of the said order.
Arvind/- (Jayanandan Singh, J) U