Court dismissed the writ application as premature. The dispute regarding night guard selection requires resolution via a school management committee meeting before judicial intervention.
Writ application dismissed with liberty to approach the Court if a cause of action arises.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2009 of 2023
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Sudhanshu Kumar son of Birendra Rai, resident of Village- Rup Chhapara @ Sarangpur, P.S.- Sahebganj, District- Muzaffarpur.
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr.Prabhakar Jha (GP27) ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
learned GP-27 for the State is present.
In this case, the grievance of the petitioner is that while he is working as Night Guard since 11.09.2020, the District Programme Officer (Establishment), Muzaffarpur has vide letter dated 06.12.2022 issued directions for selection of Night Guard in Higher Secondary School, Sarangpur Rup Chhapra, Sahebganj, Muzaffarpur vide Annexure ‘8’ to the writ application.
Patna High Court CWJC No.2009 of 2023(2) dt.23-06-2023 2/2
A perusal of Annexure ‘8’ would show that the District Programme Officer (Establishment), Muzaffarpur received a letter bearing No. 6487 dated 16.11.2022 from the Incharge Headmaster of the School from which it appeared that two candidates namely, Shri Satyendra Rai and Shri Sudhanshu Kumar have been selected on the different dates against the post of Night Guard. The District Programme Officer (Establishment) has communicated the Headmaster of the school that as per direction of the District Education Officer, Muzaffapur the dispute be resolved after calling a meeting of the school management committee and upon perusal of the materials and evidences.
In the above facts and circumstances, this Court agrees with the submission of learned counsel for the State that this writ application is prematured.
This Writ Application is, thus, dismissed with liberty to the petitioner that in case occasion so arises and he gets a cause of action, he will be at liberty to seek his remedy in accordance with law.
(Rajeev Ranjan Prasad, J)
Rajeev/-
U
1 issue framed by the court
Whether the writ application challenging the selection of a night guard is premature before the dispute resolution mechanism under the school management committee is exhausted.
SUDHANSHU KUMAR
STATE OF BIHAR
RAJEEV RANJAN PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
