Created by Fuzzy Cloud

Patna High Court

Rajiv RanjanversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to appear.

Summary

The petitioner, Rajiv Ranjan, filed a writ petition seeking a certiorari to quash a minute dated 13‑02‑2015 that appointed other candidates as "prerak" under the National Literacy Programme, alleging that the appointment violated a prior High Court order in C.W.J.C. No. 2185/12. He claimed that despite his representation, the authorities repeatedly appointed others and denied his appointment. The petition sought to have the minute set aside and to be appointed to the post. No counsel appeared for the petitioner, and the respondent’s counsel was present. The Court noted the petitioner’s non‑appearance and, pursuant to procedural rules, dismissed the petition for non‑prosecution. Consequently, the relief sought by the petitioner was not entertained.

Issues considered

  • Whether the minute appointing other candidates as prerak under the National Literacy Programme violates the earlier High Court order in C.W.J.C. No. 2185/12.
  • Whether the Court should grant certiorari to quash the minute dated 13‑02‑2015.
  • Whether the petition can proceed in the absence of the petitioner’s representation.

Subjects

  • appointment
  • prerak
  • National Literacy Programme
  • certiorari
  • non‑prosecution
  • administrative law
  • high court order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1695 of 2017
                 ======================================================
                 Rajiv Ranjan Son of late Arjun Goswami Resident of Village- Kachrati, P.S.
                 Dhuraiya, Distt- Banka.

                                                                      ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Human Resources
                 Development Deptt., Govt. of Bihar, Patna.
           2.    The Collector cum Member Secretary, Anushrawan Sammittee , Zila Lok
                 Shikha Samittee, Banka.
           3.    The Deputy Development Commissioner cum Member, Anushrawan
                 Sammittee, Zila Lok Shikha Samittee, Banka.
           4.    The District Education Officer Cum Member, Anushrawan Sammittee, Zila
                 Lok Shikha Samittee, Banka.
           5.    The District Programme Officer (Sakcharta), Banka.
           6.    The Block Education Extension Officer, Dhuraiya, Banka.
           7.    The Chairman, Distt. Level Anushrawan Committee, Banka.
           8.    The Chairman, Zila Parishad Cum Zila Lok Shiksha Samittee, Banka.
           9.    The Mukhiya Cum President           of   Zila   Lok   Shiuksha   Samittee,
                 Gachiyabasbitta, Dhuraiya, Banka.
           10. The Pramukh Cum President and Prakhand Education Officer Cum Member
               Prakhand Lok Shiksha Samittee, Dhuraiya, Banka.
           11. Shabnam Wife of Amrendra Kumar Resident of Village- Gachiya, P.S.-
               Dhuraiya, Distt. Banka.
           12. Jeetan Das Son of Fochan Das Resident of Village- Gachiya, P.S.- Dhuraiya,
               Distt. Banka.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     None
                 For the Respondent/s   :     Mr. Apurva Kumar, AC to GA-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   05-01-2026                 No one appears for the petitioner. Learned counsel for

                   the respondents is present.

                               2. The petitioner has filed the instant application for

                   the following relief(s):
            Patna High Court CWJC No.1695 of 2017(4) dt.05-01-2026
                                                        2/2




                                              “That this writ application is being filed for
                                  issuance of an appropriate writ/writs, order or orders in
                                  the nature of certiorari for quashing of the minute dated
                                  13.02.15 which was held in accordance of letter dt
                                  27.12.13 contained in memo no 524 to appoint the
                                  eligible candidates on the post of prerak at the
                                  panchayat level in the District of Banka under the
                                  National literacy programme which has been done in
                                  utter violation of Hon'ble court order passed in
                                  C.W.J.C. No 2185/12 and other analogous cases in
                                  which direction was issued to the author to look into
                                  matter and take appropriate decision though on the
                                  representation      of      petitioner   the   action   taken
                                  appointment was cancelled but in utter violation of
                                  Hon'ble court again for eye wash again process
                                  initiated and the private resp no 10 again appointed
                                  and to appoint the petitioner on the post of prerak as
                                  petitioner earlier moved before the Hon'ble court he
                                  motivately has not been appointed and to appoint the
                                  petitioner on the post of prerak and further for any
                                  appropriate relief or reliefs for which the petitioner is
                                  entitled in the facts and circumstances of this case.”
                                  3. No one appeared on behalf of the petitioner on

                      14.11.2024 also.

                                  4. As no one appears on behalf of the petitioner, the

                      case is dismissed for non-prosecution.


                                                 (Partha Sarthy, J)
Saurabh/-
U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.