Patna High Court

Neel Kamal Kumar (deleted vide order dt. 12.07.2022)versusThe State of Bihar

Decided: 16 January 2026
Disposal: DISPOSED
Bench: ALOK KUMAR SINHA

Holding

The Court held that the petitioners may be directed to file a representation before the Zila Parishad within a stipulated time, and the Zila Parishad must decide it on merit after hearing, thereby disposing of the writ application.

Summary

The petitioners filed a writ application challenging actions of the State of Bihar and various education officials. Counsel for some petitioners withdrew the writ for petitioners No.2, No.5 and No.6, leading the Court to dismiss those parts of the application. For petitioners No.3 and No.4, the Court allowed them to file a detailed representation before the Zila Parishad, Gaya, within one month, and directed the Zila Parishad to decide the representation on merit after giving a hearing and to issue a reasoned order. The respondents raised no objection to this limited prayer. Consequently, the writ application was disposed of, granting liberty to the remaining petitioners to approach the Zila Parishad and deeming any pending interim applications as disposed.

Subjects

writ jurisdiction
withdrawal of petition
representation before Zila Parishad
civil writ
disposal of writ

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.2996 of 2018
     ======================================================
1.    Neel Kamal Kumar (deleted vide order dt. 12.07.2022) Son of Suresh
      Sharma Resident of Village- Mahuari, Post Office- Sidhipur, Police Station-
      Paliganj, District- Patna.
2.   Shashi Kant Son of Surendra Sharma Resident of Village- Mananpur, Post
     Office- Sarta, Police Station- Parasbsigha, District- Jehanabad.
3.   Kamlesh Kumar Pandey Son of Baleshwar Pandey Resident of Village-
     Repura, Post Office- Bhegawan, Police Station- Kadirganj, District-Patna.
4.   Manoj Kumar Son of Arjun Prasad Singh Resident of Village- Lakhanpar,
     Post Office- Lakhanpur, Police Station Punpun, District- Patna.
5.   Madhu Kumari Daughter of Kapildeo Singh, Wife of Sunil Singh Resident
     of Village- Antapur, Post Office- Barahibigha, Police Station- Dhanarua,
     District- Patna.
6.   Abhay Shankar Son of Satyendra Prasad Singh Resident of Village-
     Rambagh Mahavir Asthan South Gali, Post Office- Ramna, Police Station-
     Mithanpura, District- Muzaffarpur.

                                                          ... ... Petitioner/s
                                   Versus
1.   The State of Bihar through the Principal Secretary, Human Resource
     Development Department, Government of Bihar, Vikash Bhawan, Bailey
     Road, Patna.
2.   The Director, Secondary Education Government of Bihar, Bihar Secondary
     Education Board, Patna.
3.   The Deputy Director , Secondary Education, Government of Bihar, Patna.
4.   The Regional Deputy Director of Education, Patna.
5.   The Regional Deputy Director of Education, Gaya.
6.   The Deputy Development Commissioner-cum-Chief Executive officer,
     Nalanda, Bihar Sharif.
7.   The District Programme Officer Establishment, Nalanda Bihar Sharif.
8.   The Deputy Development Commissioner-cum-Chief Executive Officer,
     Gaya.
9.   The District Programme Officer Establishment, Gaya.
10. The Deputy Development Commissioner-cum-Chief Executive Officer,
    Patna.
11. The District Programme Officer Establishment, Patna.
12. The Deputy Development Commissioner-cum-Chief Executive Officer,
    Jehanabad.
13. The District Programme Officer, Establishment, Jehanabad.
14. Zila Parishad, Gaya through its Chairman Gaya, Distt. Gaya.

                                                              ... ... Respondent/s
          Patna High Court CWJC No.2996 of 2018(15) dt.16-01-2026
                                                     2/4




                  ======================================================
                  Appearance :
                  For the Petitioner/s    :        Mr.Devi Das Srivastava
                  For the Respondent/s    :        Mr.S.C.Mishra
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

15   16-01-2026                    Learned counsel, Mr. Pranab Kumar, appears for the

                    petitioner and submits that he is under instruction to withdraw

                    the present writ application for petitioner No.2, Shashi Kant,

                    petitioner No.5, Madhu Kumari and petitioner No.6, Abhay

                    Shankar.      For petitioner No.3, Kamlesh Kumar Pandey and

                    petitioner No.4, Manoj Kumar only, he wants to press the writ

                    application. Learned counsel for the State and respondent No.8

                    and 14 are present.

                                2. As prayed for by learned counsel for the petitioner,

                    this writ application stands dismissed as withdrawn so far as it

                    relates to petitioner No.2, Shashi Kant, petitioner No.5, Madhu

                    Kumari and petitioner No.6, Abhay Shankar.

                                3. On behalf of petitioner No.3, Kamlesh Kumar

                    Pandey and petitioner No.4, Manoj Kumar, learned counsel for

                    the petitioner submits that he is prepared to file a detail

                    representation before the Zila Parishad through its Chairman,

                    Gaya, District-Gaya and further prays that appropriate direction

                    be issued to Zila Parishad through its Chairman, Gaya, District-

                    Gaya to dispose of the representation which will be filed by the
Patna High Court CWJC No.2996 of 2018(15) dt.16-01-2026
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          petitioner No.3, Kamlesh Kumar Pandey and petitioner No.4,

          Manoj Kumar, within a fixed time frame after giving an

          opportunity of hearing to these petitioners.

                      4. To the aforesaid submissions made by learned

          counsel for the petitioner Nos. 3 and 4, learned counsel

          appearing for respondent-State and respondent No.8 and 14 do

          not have any objection.

                      5. Considering the limited nature of prayer being

          made by learned counsel for the petitioner No.3, Kamlesh

          Kumar Pandey and petitioner No.4, Manoj Kumar, this writ

          application stands disposed of granting liberty to these

          petitioners to file a detail representation before the Zila Parishad

          through its Chairman, Gaya, District-Gaya within one month

          from the date of this order and if such a representation is filed,

          the Zila Parishad through its Chairman, Gaya, District-Gaya

          shall decide the said representation on merit after giving an

          opportunity of hearing to the petitioner No.3, Kamlesh Kumar

          Pandey and petitioner No.4, Manoj Kumar by passing a

          reasoned and speaking order.

                      6. Needless to emphasize that the final order which

          shall be passed by the Zila Parishad through its Chairman, Gaya,

          District-Gaya should be reasoned and speaking order.
            Patna High Court CWJC No.2996 of 2018(15) dt.16-01-2026
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                                  7. With the aforesaid observation/direction and liberty

                      granted, the present writ application stands disposed of.

                                  8. All pending I.A.s, if any, is deemed to have been

                      disposed of.



                                                                      (Alok Kumar Sinha, J)
sanjeev/-

U

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