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2025 DAILYLAW 47745 (PAT)

Binod Kumar Singh, v. The State of Bihar

CWJC/11361/2025 · 2025-07-28

Anshuman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11361 of 2025 ====================================================== 1. Binod Kumar Singh, S/o-Birnedra Kumar Singh, resident of Village- Gotpa. P.S-Bikramganj, District-Rohtas. 2. Bindhyachal Pandey, S/o-Ramanad Pandey, resident of Village- Bikramganj, Anand Nagar, P.S-Bikramganj, District-Rohtas. 3. Kumar Bineshwar Prasad Sinha, S/o- Deochand Singh, resident of Village- Parsurampur, P.S-Paliganj, District-Arwal. 4. Narendra Kumar Saxena, S/o-Baliram Ram, resident of Village- Shiobahar, P.S-Dawath, District-Rohtas. 5. Mohammad Mokhtar Alam, S/o- Md. Mojibul Ansari, resident of Village- Dudhar, Sisirit, P.S- Sisirit, District-Rohtas. 6. Anil Kumar Singh, S/o- Ram Subhag Singh, resident of Village- Kurtha, P.O-Baraila P.S-Shivsagar, District-Rohtas. 7. Ramchandra Ram, S/o- Ganga Ram, resident of Village- Saunja Chor, P.S- Saunja, District-Rohtas. 8. Nirmala Kumari, W/o- Umesh Prasad Gupta, resident of Village-Kali Sthan Bikramganj, P.S-Bikramganj, District-Rohtas. 9. Deonath Prasad, S/o- Hira Sah, resident of Village- Nauhatta, P.S- Nauhatta, District-Rohtas. 10. Narendra Kumar, S/o- Dukhi Ram, resident of Village- Rajeyan, P.S- Mohaniya, District-Rohtas. 11. Birendra Sharma, S/o-Shivpujan Sharma, resident of Village- Indour, Post- Indour P.S-Dinara, District-Rohtas. 12. Arvind Kumar Kashyap, S/o-Devalal Prasad Kashyap, resident of Village- Nauhatta, P.S- Nauhatta, District-Rohtas. 13. Rina Kumari, W/o-Kameshwar Singh, resident of Village- Belvaiyan, P.S- Dinara, District-Rohtas. 14. Sita Kumari, W/o- Ravindra Nath Singh, resident of Village- Gopalpur, Post- Kund, P.S-Sadar, District-Rohtas. 15. Vakil Paswan, S/o- Ramayan Ram, resident of Village- Rupi, ward no. 09 P.S-Amrauha, District-Rohtas. 16. Gauri Shankar Singh, S/o-Rampriksha Singh, resident of Village- Panditpura, P.S-Akorha, District-Rohtas. 17. Dhanpat Prasad, S/o- Ram Briksh Prasad, resident of Village- Manjhauli, P.O-Gajanpur, P.S-Paraiya, District-Gaya. ... ... Petitioner/s Versus 1. The State of Bihar through The Additional Chief Secretary, Education Department, Patna. 2. The Director (Administration)-cum-Under Secretary, Education Department, Patna High Court CWJC No.11361 of 2025 dt.28-07-2025 2/3 Bihar, Patna. 3. The State Project Director, Bihar Education Project Council, Shiksha Bhawan, Rashtra Bhasha Parishad Campus, Saidpur, Rajendra Nagar, Patna- 800004. 4. The District Programme Officer (Primary Education and Sarva Shiksha Aviyan)-cum-Member Secretary, Rohtas, Sasaram. 5. The Block Education Officer, Karakat, (Gorari), Rohtas. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Government Advocate (11) For the respondent No.3: Mr. Girijesh Kumar Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 28-07-2025 Heard learned counsel for the petitioners, learned counsel for the State, and learned counsel for the Bihar Education Project Council. 2. The present writ petition has been filed for quashing and setting aside the order dated 29.03.2025 contained in Memo No. 1217 issued by respondent No.4 and to quash the letter no.330 dated 03.03.2025 issued by respondent no.2. 3. Learned counsel for the Bihar Education Project Council has raised a preliminary objection and vehemently opposed the prayer made in the writ petition. He submits that the order under challenge is a policy decision of the Bihar Education Project Council. It is further submitted that no stigma has been cast upon any individual; rather, the termination was made purely as a matter of policy and is a termination Patna High Court CWJC No.11361 of 2025 dt.28-07-2025 3/3 simpliciter. 4. Upon perusal of the impugned order, it appears that the authorities found the services of the petitioner’s deceased husband and other similarly situated persons to be unsatisfactory, and accordingly, a collective decision was taken as part of a broader policy consideration. The nature of the termination has been treated as one simpliciter and not punitive in nature. 5. In view of the above, this Court is not inclined to interfere with the policy decision of the Bihar Education Project Council. Accordingly, the writ petition is dismissed. Ashwini/- (Dr. Anshuman, J) AFR/NAFR CAV DATE NA Uploading Date 30/07/2025 Transmission Date NA