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

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

What the court decided

AI extract

Outcome

Withdrawal of the writ petition with liberty to pursue the pending representation before the District Education Officer, Vaishali; the DEO directed to consider the petitioner's grievance on the basis of his testimonials and training and grant the relief prayed for in paragraph no.1 if permissible in accordance with law, expeditiously and preferably within four weeks.

Issue for consideration

Whether the respondent authorities are obliged to accept the petitioner's joining as a Distinguished Teacher (Vishist Shikshak) at Government Secondary School, Rajapakar, Vaishali, in light of the two official letters relied upon, and to have the Head Master/Principal-in-Charge accept his joining.

Court's answer

The writ petition was disposed of, with learned counsel permitted to withdraw it and the petitioner left free to pursue the remedy of his pending representation before the District Education Officer.

Ratio / Principle

The District Education Officer is directed to consider the grievance of the petitioner, based on the testimonials and training he has undergone, and to see that the relief prayed for in paragraph no.1 of the writ petition can be granted to him in accordance with law.

Key takeaways

The whole exercise by the District Education Officer is to be completed expeditiously, preferably well within a period of four weeks from the date of receipt/communication of the order.ratio¶30

Detailed headnote1 paragraphs

Civil Writ Jurisdiction Case No.3261 of 2025, Patna High Court (Purnendu Singh, J.), decided 03-03-2025. The petitioner, Jai Vijay Singh, sought a writ of mandamus directing the authorities to accept his joining as a Distinguished Teacher (Vishist Shikshak) at Government Secondary School, Rajapakar, Vaishali, relying on Letter No.VIA/ADV/-PR34/2024/ET(11-12)/6499653 and Letter No.VIA/ADV/-PR 34/2024/ET (11-12)/000008, and to have the Head Master/Principal-in-Charge accept his joining. His detailed representation before the District Education Officer, Vaishali was pending since filing. Counsel sought withdrawal of the petition with liberty to pursue that remedy; the Court disposed of the petition, directing the DEO to consider the grievance on the basis of the petitioner's testimonials and training and grant the relief prayed for in paragraph no.1 if permissible in accordance with law, expeditiously, preferably within four weeks of receipt/communication of the order. No statute or precedent was cited; no monetary quantum involved.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3261 of 2025

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Jai Vijay Singh S/o Jagdish Singh R/o-Village-Rajapakar, P.S.- Rajapakar District-Vaishali, Bihar. .. ... Petitioner/s

Versus

The State of Bihar through the Principal Secrerary, Education Department, Government of Bihar, OLd Secretariat, Patna.

The Addl. Chief Secretary, Education Department, Govt. of Bihar, Patna.

The Director, Higher Secondary Education, Govt. of Bihar, Patna.

District Magistrate, Vaishali, Hajipur.

The District Education Officer, Vaishali, Hajipur.

The Chief Executive Officer, Zila Parishad, Vaishali, Hajipur.

The Deputy Development Commissioner-Cum-Chief Executive Officer, Zila Parishad, Vaishali.

The District Programme Officer (Estb.) Vaishali, Hajipur

The Principal, Government Secondary School, Rajapakar, Vaishali.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Keshab Raj, Advocate Mr.Anil Kumar, Advocate For the State : Mr. Narendra Kr. Singh, AC to GP 22 For the Zila Parishand : Mr. S. N. P. Singh, Advocate

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

2 03-03-2025

Heard Mr. Keshab Raj along with Mr. Anil Kumar,

learned counsels appearing on behalf of the petitioner; Mr. Narendra Kr. Singh, AC to GP 22 for the the State and Mr. S. N.

P. Singh, learned counsel for Zila Parishad.

Petitioner has inter alia prayed for following reliefs

in the paragraphs No.1 of the writ petition:-

“ That the present Civil Writ petition is being filed for issuance of a writ of mandamus and any other writ/writs, order/order and for issuance of appropriate direction/directions to the concerned respondent’s authority to accept the joining of the petitioner as a Distinguished Teacher (Vishist Shikshak) in Government Secondary School, Rajapakar, Vaishali in the light of

Patna High Court CWJC No.3261 of 2025(2) dt.03-03-2025 2/2

Letter No.VIA/ADV/-PR34/2024/ET(11-12)/6499653 and Letter No.VIA/ADV/-PR 34/2024/ET (11-12)/000008 and for further direction /directions to the Head Master or Principal;-in-Charge, Govt. Higher Secondary School, Rajapakar to accept the joining of the petitioner and other order/order befitting to the petitioner.”

Learned counsel appearing on behalf of the the

petitioner submitted that for the relief as prayed for in the present writ petition, the petitioner has already filed a detailed representation before the District Education Officer, Vaishali and the same is pending since the date of its filing. Learned counsel seeks to withdraw the present writ petition with a liberty to pursue the remedy before the District Education Officer. The District Education Officer is directed to consider the grievance of the petitioner, based on the testimonials and training, which he has undergone and see that the relief as prayed for in paragraph no.1 of the present writ petition can be granted to the petitioner in accordance with law. The whole exercise is required to be done expeditiously, preferably well within a period of four weeks from the date of receipt/communication of this order.

The writ petition is, accordingly, disposed of.

(Purnendu Singh, J)

Sanjay/- U