Shivji Pandey Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Shivji Pandey Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach respondent no. 4 (Chairman, Bihar Sanskrit Shiksha Board, Patna) for redressal of his grievances; representation to be filed within two weeks, to be disposed of by respondent no. 4 within six weeks thereafter by a reasoned and speaking order, after affording opportunity of personal hearing or through counsel, in accordance with law.

Issue for consideration

Redressal of the petitioner's grievances before respondent no. 4, the Chairman, Bihar Sanskrit Shiksha Board, Patna. +1 more

Court's answer

Liberty granted to the petitioner to approach respondent no. 4, the Chairman, Bihar Sanskrit Shiksha Board, Patna, for redressal of his grievances.

Ratio / Principle

If a representation is filed within two weeks, respondent no. 4 shall dispose of it, after affording an opportunity of personal hearing or through counsel, by passing a reasoned and speaking order in accordance with law within six weeks thereafter.

Key takeaways

The Court expressed no opinion on the merits of the petitioner's claim.ratio¶27

Detailed headnote1 paragraphs

Shivji Pandey, Incharge Head Master of a Sanskrit school at Buxar, petitioned the Patna High Court (Civil Writ Jurisdiction Case No. 1096 of 2021) against the State of Bihar, the Bihar Sanskrit Shiksha Board and its Chairman and Secretary, and district/block education officials. At the very outset of the hearing, counsel for the petitioner sought liberty to approach respondent no. 4, the Chairman, Bihar Sanskrit Shiksha Board, Patna, for redressal of his grievances. By oral order dated 19-06-2024, Anjani Kumar Sharan, J., granted the liberty and directed that if an appropriate representation is filed within two weeks, respondent no. 4 shall dispose of it, after affording an opportunity of personal hearing or through counsel, by passing a reasoned and speaking order in accordance with law within six weeks thereafter. The Court made it clear that it had not expressed any opinion on the merits of the petitioner's claim. The writ petition stood disposed of on these terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1096 of 2021

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Shivji Pandey Son of Sri Krishna Bihari Pandey Resident of Mohalla- Adarsh Nagar, P.S.- Buxar, District- Buxar, At present Incharge Head Master in Bhairaw Sanskrit Prathmik Sah Madhya Vidyalaya Giridhar Uraun, DistrictBuxar.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Vikash Bhawan, Patna.

The Special Director, Secondary Education, Incharge Sanskrit Education, Deptt. of Education, Vikash Bhawan, Patna.

The Bihar Sanskrit Shiksha Board, Patna through its Secretary.

The Chairman, Bihar Sanskrit Shiksha Board, Patna.

The Secretary, Bihar Sanskrit Shiksha Board, Patna.

The District Education Officer, Buxar, District- Buxar.

The District Programme Officer, Buxar, District- Buxar.

Block Education Officer, Nawa Nagar, District- Buxar.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr.Suresh Kumar Ishwar, Adv. For the S. Shiksha Board Ms. Sujata Sinha, Adv. For the State Mr. Kamaresh Singh, AC to SC-28

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

5 19-06-2024

Heard learned counsel for the petitioner and

learned counsel for the State.

At the very outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach before the respondent no. 4, the Chairman, Bihar Sanskrit Shiksha Board, Patna for redressal of his grievances. Liberty, so sought, is granted.

It is needless to state that in case appropriate

Patna High Court CWJC No.1096 of 2021(5) dt.19-06-2024 2/2

representation is filed, within a period of two weeks from today, the respondent no. 4 shall dispose of the same after affording opportunity of personal hearing or through his counsel by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner.

The writ petition stands disposed of on the aforesaid terms.

(Anjani Kumar Sharan, J)

devendra/-

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