Partly allowed

Md. Aiyub v. The State Of Bihar and Ors.

Patna HC11 Oct 2017MJC/2649/2017

Case brief

AI extract

What is this about?

This order restored the dismissed Cr.W.P. by accepting the petitioner's explanation for filing requisites only for some respondents. The court directed restoration, quashed the dismissal order, and mandated fresh notices against all respondents within four weeks.

What did the court decide?

MJC application allowed, dismissal set aside; petitioner directed to file fresh notices against all respondents through both processes within 4 weeks.

Md. Aiyub Vs The State Of Bihar and Ors. — Education and Admissions | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2649 of 2017

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Cr. WJC 79 of 2017

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======================================================

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Md. Aiyub Son of Md. Islam Resident of Village- Dhabelwa, Ward No. 4,. Gram Panchayat Raj, Khulwania Jaralpur, P.S. Jogapatti, District- West Champaran.

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.... .... Petitioner

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Versus

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The State of Bihar, through the Secretary, Education Department, Bihar, Patna.

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The District Magistrate, West Champaran at Bettiah.

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The District Program Officer, Midday Meal Yojna, West Champaran, Bettiah.

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The District Program Officer, Yojna and Lekha, West Champaran at Bettiah.

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The District Education Officer, West Champaran, Bettiah.

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The Block Development Officer, Jogapatti Block, West Champaran at Bettiah.

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Sri Sikandar Azam Headmaster, Utkramit Madhya Vidyalaya, Dihi, Dhabelwa-1, Block and P.S. Jogapatti, District- West Champaran. 8. Md. Umar, Headmaster, Utkramit Madhya Vidyalaya, Dhabelwa-2, Block and P.S. Jogapatti, District- West Champaran.

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Sri Kausher Neyazi, Headmaster, Madarsa, Islamia , Dihi, Dhabelwa, Block and P.S. Jogapatti,District- West Champaran.

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.... .... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Respondent/s : Mr. Ashutosh Ranjan Pandey - Aag 15

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====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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2 11-10-2017 Heard learned counsel for the parties.

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By order dated 08.08.2017 passed in Cr.W.J.C. No. 79 of 2017, the petitioner was directed to file requisites within ten days for sending notices on respondent Nos.7 to 9.

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Submission of the learned counsel for the

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petitioner is that due to inadvertence requisites were filed

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Patna High Court MJC No.2649 of 2017 (2) dt.11-10-2017

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only for respondent Nos.7 and 9 only on 17.08.2017. However, the writ application was dismissed for non-compliance of the peremptory order dated 08.08.2017. Though the petitioner has already filed requisites for sending notice against the respondent No.8 also on 25.08.2017.

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Considering the reasonable explanation for non-compliance of the order aforesaid, let the Cr.W.J.C.No.79 of 2017 be restored to its original file after setting aside the dismissal.

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Accordingly, the M.J.C. application stands

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allowed.

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The petitioner is directed to file fresh notice against all the private respondents as well as notice to the State-respondents through both the processes in the writ matter. Requisites must be filed within four weeks.

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(Birendra Kumar, J)

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Nitesh/-

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Md. Aiyub v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Md. Aiyub v. The State Of Bihar and Ors.

Case brief

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