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Patna High Court

Sanjiv Kumar and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ application is dismissed for non‑prosecution.

Summary

Sanjiv Kumar and others filed a writ petition challenging a 31 August 2015 memo that denied them treatment at par with Panchayat Siksha Mitra teachers, alleging violation of Articles 14 and 16 of the Constitution. The petition sought equitable treatment and relief. No counsel appeared for the petitioners on the hearing dates, while the respondent’s counsel was present. The court noted the lack of prosecution and dismissed the application. The dismissal was based on procedural default rather than a substantive examination of the equality claim.

Issues considered

  • Whether the order dated 31.08.2015 (Memo No. 1018) denying equal treatment to the petitioners is violative of Articles 14 and 16 of the Constitution
  • Whether the petition can be entertained in the absence of any representation by the petitioners

Legislation cited

Subjects

  • writ jurisdiction
  • equality
  • Article 14
  • Article 16
  • non‑prosecution
  • dismissal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5283 of 2017
                 ======================================================
                 Sanjiv Kumar and Ors

                                                                               ... ... Petitioner/s
                                                        Versus
                 The State of Bihar and Ors

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        None
                 For the Respondent/s     :        Mr. Madhaw Pd. Yadav-GP23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   10-02-2026                    No one appears for the petitioner. Learned counsel

                   for the respondents is present.

                                2. The petitioner has filed the instant application for

                   the following reliefs:

                                        “1.That this writ application is being preferred
                                        assailing the validity and correctness of order
                                        under memo no 1018 dated 31.08.2015, declin-
                                        ing the claims of petitioners for treatment at par
                                        with Panchayat Siksha Mitra, who later on ab-
                                        sorbed as Panchayat Teacher, in a representa-
                                        tion before the Principal Secretary, Education
                                        Department, Government of Bihar, along with
                                        relevant    documents     including    order      dated
                                        21.03.2012 in C.W.J.C. No. 14493 of 2008 (Bi-
                                        har Pradesh Lok Shikshak Sang through its pres-
                                        ident) without proper appreciation of facts and
                                        law and reasonability caste upon a welfare State
                                        as Modal Employer and on account of which pe-
          Patna High Court CWJC No.5283 of 2017(5) dt.10-02-2026
                                                      2/2




                                       titioners and others allowed to suffer a lot un-
                                       reasonably and arbitrary which cannot be com-
                                       pensated by an means including their further
                                       prospects as well as further prayer relates same
                                       and similar treatment to them as Panchayat
                                       Shiksha Mitra on the basis of right of equity in-
                                       serted under Article 14 & 16 of the Constitution
                                       of India.
                                       And, for other necessary relief/reliefs to the basis
                                       of facts and circumstances and stated here-
                                       inafter.”
                                3. No one appeared on behalf of the petitioner on

                    8.7.2025 also.

                                4. In view of the above, the application is dismissed

                    for non-prosecution.



                                               (Partha Sarthy, J)
Bibhash

U


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