Disposed

Rukhshana Khatun v. The State of Bihar

Patna HC1 Feb 2022CWJC/4508/2021

Case brief

AI extract

What is this about?

Petitioner sought writ of Mandamus for absorption and appointment as Non Formal Education Instructor. Court held petition not maintainable citing apex court decision but directed parties to approach concerned authority via detailed representation within eight weeks.

What did the court decide?

Petitioner allowed eight weeks to submit detailed representation to respondents; respondents directed to decide within four months of receipt.

Rukhshana Khatun Vs The State of Bihar — Education and Admissions | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4508 of 2021

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Rukhshana Khatun Wife of Ali Ahamad, D/o Dr. Mahmad Saheb Raja, Resident of Village - Sisai Tola, Husepur, Block and P.S. - Goreyakothi, District - Siwan.

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... ... Petitioner/s

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Versus

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

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The Director, Mass Education, Government of Bihar, Patna.

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The District Magistrate, Siwan.

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The District Education Officer, Siwan.

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The District Programme Officer, Siwan.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr. Lalit Kishore ( Ag ) : Ms. Binita Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT

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Date : 01-02-2022

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The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

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State counsel accepts notice for the respondents.

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In the instant petition, petitioner has prayed for the

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following relief/reliefs:

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“That the petitioner prays for issuance of a writ preferably in the nature of Mandamus commanding and directing the Respondents concerned to consider the claim/case of the petitioner properly for her absorption and issue appointment letter to the petitioner being Non Formal Education Instructor who has worked for less than 3 years in the District of Siwan in view of the direction of this Hon’ble Court as also by Hon’ble Apex Court. An/or any other writ/writs, order/orders, direction/directions for granting any

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Patna High Court CWJC No.4508 of 2021 dt.01-02-2022 2/2

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other relief or reliefs for which the petitioner is found entitled to, in the facts and circumstances.”

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In the present petition, petitioner has sought for the issuance of writ of Mandamus. He has not made out a case for the reasons that he has not established legal/statutory right followed by demand before the competent authority.

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In the light of Apex Court decision in the case of Mani Subrat Jain V. State of Haryana reported in (1977) 1 SCC 486 , the present petition is not maintainable, however, in the interest of litigant, petitioner is at liberty to approach the concerned respondent in submitting a detailed representation along with judicial pronouncements, if any within a period of eight weeks from the date of receipt of this order. The concerned respondent is hereby directed to decide representation within a period of four months from the date of receipt of such representation.

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With the above observations, writ petitions stands disposed off.

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(P. B. Bajanthri, J)

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GAURAV S./-

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Rukhshana Khatun v. The State of Bihar

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Rukhshana Khatun v. The State of Bihar

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