Amit KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4089 of 2026
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                 Amit Kumar S/o Rajeshwar Prasad Singh, R/o Village Rasulpur, P.O. Jaitipur,
                 P.s. Rasulpur, District Vaishali.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Commissioner Cum Secretary, Education
                 Department Government of Bihar, New Secretariat, Patna.
           2.    The Director (Primary Education), Education Department, government of
                 Bihar, New Secretariat, Patna.
           3.    The District Magistrate, Vaishali.
           4.    The District Education Officer, Vaishali.
           5.    The District Program Officer, (Establishment), Vaishali.
           6.    The Block Development Officer, Lalaganj, Vaishali.
           7.    The Block Education Officer, Lalganj, Vaishali

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s    :      Mr.Shashi Bhushan Kumar, Adv.
                 For the State Respondent :     Mr. Mujtabaul Haque, GP 12
                                                Mr.Pranoy Kumar, AC to GP 12
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                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   31-03-2026                    Heard learned counsel for the petitioner and learned

                   counsel appearing for the respondent-State.

                                2. With the consent of both the parties, this writ

                   application is being disposed of at this stage itself.

                                3. In the present writ application, the petitioner has

                   prayed for the grant of following reliefs:

                                             “(i) To issuance of appropriate writ/
                                   writs, order/ orders, direction/ directions in the
                                   nature of mandamus directing the Respondent
                                   Authorities to appoint the petitioner as an assistant
                                   teacher on regular pay scale on the basis of
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                          compassionate appointment in place of Block
                          teacher.
                                     (ii). To further direct the respondent
                          authority to grant all benefits of assistant teacher
                          with effect from the initial appointment of the
                          petitioner as a block teacher dated 26.05.2010.”

                      4. After advancing some argument, learned counsel

          for the petitioner submits that for seeking the aforesaid reliefs,

          the petitioner is prepared to file a fresh representation before the

          District Education Officer, Vaishali (respondent no. 4) and prays

          that the District Education Officer, Vaishali may be directed to

          dispose of the representation which would be filed by the

          petitioner, within a fixed time frame, after giving an opportunity

          of hearing to the petitioner.

                      5. To the aforesaid submission being made by learned

          counsel for the petitioner, learned counsel appearing for the

          respondent-State does not have any objection.

                      6. Considering the limited nature of prayer being

          made by learned counsel for the petitioner, this writ application

          is disposed of granting liberty to the petitioner to file a fresh

          representation before the District Education Officer, Vaishali

          within one month from the date of this order. If such a

          representation is filed within the stipulated time, the District

          Education Officer, Vaishali shall dispose it of within further

          period of three months from the date of receipt of the
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                     representation, after giving a liberty of hearing to the petitioner.

                                 7. Needless to emphasize that the final order which

                     shall be passed by the District Education Officer, Vaishali

                     should be a reasoned and speaking order. It is further made

                     clear that in case, the petitioner is found entitled to the relief,

                     which     the    petitioner      would         be   claiming   through   the

                     representation, the same should be extended to the petitioner

                     within a further period of three months from the date of passing

                     of the final order by the District Education Officer, Vaishali.

                                 8. With the aforesaid observation/direction and liberty

                     granted, this writ application is disposed of. All pending

                     interlocutory application(s), if any, shall also be deemed to have

                     been disposed of.



                                             (Alok Kumar Sinha, J)
kundan/-

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