BIRENDRA SINGH v. THE STATE OF JHARKHAND THROUGH THE SECRETARY, SCHOOL EDUCATION AND LITERACY DEPT.
WPC/2662/2025 · 2025-06-24
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11239 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11239 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:16737 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2662 of 2025
1. Birendra Singh, aged about 64 years, son of Har Kishor Prasad Singh, resident of Baksi Bandh Road, Kali Badi, Sonwadangal, P.O. and P.S. Dumka, District Dumka, Jharkhand.
2. Manoranjan Chandra Choudhary, aged about 61 years, son of Narayan Chandra Choudhary, resident of New Kumhar Para, Theka Baba Sthan, P.O. and P.S. Masalia, District Dumka, Jharkhand.
3. Shashi Bhushan Deo, aged about 62 years, son of Surendra Prasad Deo, resident of Tabhaghat, P.O. Tabhaghat, P.S. Deoghar, District Deoghar, Jharkhand.
4. Amrendra Jha, aged about 60 years, son of Yoganand Jha, resident of Village Dhawatand, College Road, P.O. and P.S. Kathikund, District Dumka, Jharkhand.
5. Dilip Kumar Jaiswal, aged about 65 years, son of Shyamal Chandra Jaiswal, resident of Sonwadangal, Durga Sthan Road, Dumka, P.O. and P.S. Dumka, District Dumka, Jharkhand.
6. Ashit Kumar Ghosh, aged about 64 years, son of Patit Paban Ghosh, resident of Gilan Para, near Radha Madhav Mandir, Dumka, P.O. and P.S. Dumka, District Dumka, Jharkhand.
7. Md. Jawedullah, aged about 62 years, son of Late Md. Alim Ullah, resident of Masjid Gali, Dudhani, P.O. and P.S. Dumka, District Dumka, Jharkhand. 8.Rajiv Kumar Mishra, aged about 61 years, son of Chandra Shekhar Mishra, resident of Gilanpara, Sonwadangal, P.O. and P.S. Dumka, District Dumka, Jharkhand.
... … Petitioner(s)
Versus
1. The State of Jharkhand through the Secretary, School Education and Literacy Department, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District-Ranchi, Jharkhand.
2. The Deputy Commissioner, Dumka, P.O. and P.S. Dumka, District Dumka, Jharkhand.
3. The Secretary, Jharkhand Academic Council, having its office at Namkum, P.O. and P.S. Namkum, District Ranchi, Jharkhand.
4. The District Education Officer, Dumka, P.O. and P.S. Dumka, District Dumka, Jharkhand.
5. The Secretary, Managing Committee Inter College, Shikaripara, P.O and P.S.- Shikaripara, District Dumka, Jharkhand.
… Respondent(s)
2025:JHHC:16737 2
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s)
: Mr. D. C. Mishra, Advocate For the Respondent Nos. 1, 2 & 4 : Ms. Sunita Kumari, AC to Sr. SC-II For the Respondent-JAC : Mrs. Richa Sanchita, Advocate
Ms. Risheeta Singh, Advocate
-------- 2 /Dated: 24th June 2025
The instant writ application has been preferred by the petitioners for the following reliefs:
“That through the instant writ application, the petitioners pray before this Hon'ble Court for issuance of an appropriate writ(s) for quashing and setting aside the memo no. 637 dated 29.03.2025 (Annexure-4 to this writ petition) passed by District Education Officer, Dumka (respondent no.4), whereby and whereunder services of the petitioner no.1 from the post of Principal, petitioner nos. 2 to 7 from the post of Lecturers and petitioner no.8 from the post of Clerk of A.N. Inter College, have been terminated with immediate effect pursuant to the
order passed by Deputy Commissioner, Dumka (respondent no.2) by memo no. 572 dated 20.03.2025 in the light of orders passed by this Hon'ble Court in W.P. (S) No. 5633 of 2023, dated 21.02.2024 and W.P. (S) No. 751 of 2025 dated 17.02.2025 and the order of termination has been given in whatsapp of petitioner no.1 without giving any opportunity of hearing to the petitioners.
And The petitioners further pray for issuance of an appropriate writ(s),
order(s), direction(s) commanding upon the concerned respondents to allow the petitioners to discharge their duties as the Governing Body of the college of its meeting dated 06.08.2016 with regard to the petitioners and their services have been extended after their retirement.
And / Or The petitioners further pray that during the pendency of the present writ petition, operation and implementation of memo no. 637 dated 29.03.2025 (Annexure-4 to this writ petition) passed by District Education Officer, Dumka (respondent no.4) may kindly be stayed.
And / Or For issuance of an appropriate writ(s),order(s), direction (s) as may be doomed fit and proper for doing conscionable justice to the petitioners.”
2. In view of the stand taken by the respondents in the counter affidavit nothing survives to be adjudicated at this stage and, therefore, learned counsel for the petitioners seeks permission to withdraw this writ application to assail the order, if any, which will come in future.
3. Permission is accorded.
2025:JHHC:16737 3
4. Accordingly, this writ application is dismissed as withdrawn with liberty to the petitioners as prayed for.
(Deepak Roshan, J.) Amit