Dismissed¶34

Dharmendra Kumar Paswan v. The State of Bihar

Patna HC25 Nov 2024MJC/201/2020

Case brief

AI extract

What is this about?

Patna High Court, MJC No. 201 of 2020 (arising from CWJC No. 15718 of 2019), Satyavrat Verma J, decided 25-11-2024. Contempt application by six petitioners alleging wilful non-compliance with the direction in the order dated 18-10-2019 to consider their claims for teacher appointment (Balrampur block, Katihar) and complete selection. State showed cause that the District Programme Officer (Establishment), Katihar, rejected the claim by reasoned order vide memo No. 826/stha. Shi. dated 3-4-2023. Contempt application dismissed; liberty granted to pursue legal remedies. No statute or precedent cited.

What did the court decide?

Liberty reserved to the petitioners to avail their remedies available in accordance with law. ¶34

Dharmendra Kumar Paswan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.201 of 2020

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Civil Writ Jurisdiction Case No.15718 of 2019

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Dharmendra Kumar Paswan Son of Sahdeo Paswan Resident of VillageGandhi Tola, P.O.- Manihari, P.S.- Manihari, District- Katihar.

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Shankar Paswan Son of Bindeshwari Paswan Resident of Village- Kulla Khas, P.O.- Kula Khas, P.S.- Kaswa, District- Purnea.

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Ajay Kumar Sah Son of Late Rash Bihari Sah Resident of Village- Manihari High School, Road No.12, P.O. and P.S.- Manihari, District- Katihar.

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Pankaj Kumar Son of Jagarnath Paswan Resident of Station Colony, P.O. and P.S.- Manihari, District- Katihar.

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Sambhu Baskor Son of Yogendra Baskar Station Colony, P.O. and P.S.Manihari, District- Katihar.

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Md. Rakib Son of Soukat Ali Resident of Village- Maniharpur, P.O.Narayanpur, P.S.- Manihari, District- Katihar.

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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, Govt. of Bihar, Patna.

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Sri R.K. Mahajan, The Principal Secretary, Department of Education, Govt. of Bihar, Patna.

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Sri Dr. Ranjit Kumar Singh, The Director, Primary Education, Government of Bihar, Patna.

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Sri Dev Bind Kumar Singh, The District Education Officer, Katihar, District- Katihar.

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Sri Ajay Kuamr Prince, The Block Education Officer, Balrampur, DistrictKatihar.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Brisketu Sharan Pandey For the Opposite Party/s : Mr.Madanjeet Kumar (Gp 20)

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 25-11-2024

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1. Heard learned counsel for the petitioners and

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learned AC to GP-20.

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2. The learned counsel for the petitioners submits that

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Patna High Court MJC No.201 of 2020(4) dt.25-11-2024 2/3

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the instant contempt application has been filed for initiating a proceeding of contempt against the opposite parties for deliberate and willful violation of the order dated 18-10-2019 in CWJC No. 15718 of 2019.

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3. It is next submitted that a selection process for appointment of teachers had commenced in 2008 but the same did not crystalise in actual appointment on account of controversy which griped the selection process as such the appointment remained pending hence the petitioners had no option but to approach this Court by filing CWJC No. 15718 of 2019.

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4. It is next submitted that the CWJC No. 15718 of 2019 was disposed of by an order dated 18-10-2019, as recorded at para-7 of the order dated 18-10-2019 – "7 . In view of the aforesaid stand of the respondents, the writ petition is disposed of with a direction to the respondents to consider the case of the petitioners in terms of the Rules which was prevailing at the time of vacancies notified in the Balrampur block and complete selection process at the earliest, preferably within a period of two months from the date of receipt/production of a copy of this order."

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5. The learned counsel next submits that the writ

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Patna High Court MJC No.201 of 2020(4) dt.25-11-2024 3/3

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application was disposed of with a direction to the respondent to consider the case of the petitioners in terms of the Rules, on which the learned AC to GP-20 submits that a show-cause has been filed on behalf of opposite party Nos. 2 to 5 and at para-3, it has been specifically pleaded that necessary orders have been passed by the District Programme Officer (Establishment) Katihar vide memo No. 826/stha. Shi. dated 3-4-2023, whereby the claim of the petitioners had been rejected by a reasoned order.

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6. In view of the submissions made by learned counsel appearing on behalf of the State, the Court does not feel persuaded to pursue with the contempt application.

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7. Accordingly, the contempt application is dismissed.

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8. However, the same would not preclude the petitioners from availing their remedies available in accordance with law.

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(Satyavrat Verma, J)

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SUMIT/-

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Dharmendra Kumar Paswan v. The State of Bihar

Case brief

What is this about?

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Dharmendra Kumar Paswan v. The State of Bihar

Case brief

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