Jaynandan Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Jaynandan Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of by relegation: petitioner to file detailed representation before respondent no.2 (Director, Primary Education) within two weeks; respondent no.2 to consider the case with opportunity of personal hearing and pass a reasoned and speaking order within four weeks, with sole liability on respondent no.2 for non-compliance.

Issue for consideration

Whether the petition should be relegated to the concerned authority for a fresh decision rather than being decided by the Court itself.

Court's answer

The Court relegated the petitioner's case to the concerned authority for a just and proper decision instead of deciding it itself.

Ratio / Principle

Petitioner directed to file a detailed representation, with the documents annexed to the writ application and any relevant judgments, before the Director, Primary Education, Government of Bihar, Patna (respondent no.2) within two weeks.

Key takeaways

Director, Primary Education (respondent no.2) directed to consider the petitioner's case after affording opportunity of personal hearing or through counsel, and to pass a reasoned and speaking order in accordance with law within four weeks of receipt of the representation.ratio¶19
Respondent no.2 alone was made liable for non-compliance of the Court's order within the stipulated period.ratio¶20

Detailed headnote1 paragraphs

Patna High Court (Anjani Kumar Sharan, J.), CWJC No.22 of 2025 (Jaynandan Singh v. The State of Bihar and others), order dated 09-01-2025: Without deciding the merits, the Court relegated the petitioner's case to the concerned authority. The petitioner was directed to file a detailed representation before the Director, Primary Education, Government of Bihar, Patna (respondent no.2), enclosing the documents annexed to the writ application and any relevant judgments, within two weeks. Respondent no.2 was directed to consider the case after affording an opportunity of personal hearing (or through counsel) and to pass a reasoned and speaking order in accordance with law within four weeks of receipt of the representation, and was declared solely liable for non-compliance within the stipulated period. The writ application stands disposed of with the aforesaid directions.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22 of 2025

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

Jaynandan Singh son of Late Damodar Singh resident of village - Manichak Ukhrouda, P.S. M -Alouli, District - Khagariya.

... ... Petitioner/s

Versus

The State of Bihar through Addl. Chief Secretary, Department of Education Government of Bihar, Patna

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

The District Education Officer, Shekhpura

The District Program Officer (Establishment), Shekhpura

... ... Respondent/s

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

Appearance : For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate For the Respondent/s : Mr. U.S.S. Singh, GP-19 Dr. Shobha Choubey, AC to GP-19 ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

2 09-01-2025

Heard learned counsel for the parties.

Having gone through the case in its entirety and heard learned counsel for the parties, it would be deem, fit, proper and in the interest of justice, to relegate the case of the petitioner before the concerned authority for just and proper decision.

Accordingly, I direct the petitioner to file a detailed representation before the Director, Primary Education, Government of Bihar, Patna (respondent no.2) along with the documents, which have been annexed in this writ application, in support of his claim as also the relevant judgments, if any, within a period of two weeks from today. The Director, Primary

Patna High Court CWJC No.22 of 2025(2) dt.09-01-2025 2/2

Education, Government of Bihar, Patna (respondent no.2) is directed to consider the case of the petitioner after affording opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law within four weeks from the date of receipt of such representation.

It is made clear that respondent no.2 shall be solely liable for non-compliance of this order within the stipulated period.

With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J)

Trivedi/-

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