Patna High Court
Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court disposed of the writ petition, directing petitioners to file individual representations and ordering the State to consider and grant the benefits in accordance with the earlier judgments.
Summary
The petitioners, a group of 57 teachers, sought a writ of mandamus directing the Bihar Education Department to grant them the grade‑pay and related monetary benefits of trained teachers, claiming entitlement from the date they completed their Diploma in Elementary Education (D.El.Ed.) in 2017‑18. They relied on earlier judgments of the Patna High Court, notably Kishor Kumar (CWJC No. 16165 of 2019) and Manoj Kumar (CWJC No. 7938 of 2020), which ordered the grant of such benefits. The State argued that the issues had already been decided and that the petitioners should file individual representations before the District Education Officers. The Court observed that the earlier orders were binding and that the State must act on the petitioners’ representations within the stipulated time, but it did not grant a fresh mandamus. Consequently, the writ petition was disposed of, with directions for the petitioners to submit their claims individually and for the authorities to decide accordingly.
Issues considered
- Whether teachers who completed D.El.Ed. training are entitled to grade‑pay and related benefits from the date of completion.
- Whether the State Education Department must comply with earlier High Court judgments granting such benefits.
- Whether the petition is maintainable given the prior adjudication of the same issues.
Subjects
- grade pay
- trained teacher benefits
- D.El.Ed.
- mandamus
- service benefits
- seniority
- Bihar Education Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6167 of 2026
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1. Arvind Kumar S/o Abdhesh Kumar, R/o At and P.O. - Bibipur, P.S. - Belsar,
District - Vaishali, at Present posted as Head Teacher at Government NPS
Bhangaha Nuniya Tola, Block - Patedhi Belsar, District - Vaishali.
2. Narendra Kumar, S/o Arjun Mahto, R/o Village - Kataru Chakmahmad, P.O.
- Goraul, P.S. - Belsar, District - Vaishali, at Present posted as Head Teacher
at Government NPS Bari Piroi, Ward No - 06, Block - Goraul, District -
Vaishali.
3. Dhananjay Kumar, S/o Ramanand Singh, R/o At - Majirabad, P.S. - Goraul,
District - Vaishali, at Present posted as Head Teacher at Government GPS,
Enayat Nagar, Block- Goraul, District- Vaishali.
4. Shailesh Kumar, S/o Rambalak Sharma, R/o Village - Manpura, P.S. -
Belsar, District - Vaishali, at Present posted as Head Teacher at Government
GPS Majiya Urdu, Block- Goraul, District- Vaishali.
5. Praveen Kumar, S/o Sakhichand Ram, R/o Village - Kushde, P.S. - Lalganj,
District - Vaishali, at Present posted as Head Teacher at Government GPS
Madarna, Julahi Tola, Block- Vaishali, District- Vaishali.
6. Ramesh Kumar, S/o Sukeshwar Prasad Singh, R/o Village - Muza Pakri, P.S.
- Belsar, District - Vaishali, at Present posted as Exclusive Teacher at
Government UMS Kanti, Block- Lalganj, District- Vaishali.
7. Swati Kumari, W/o Anjani Kumar, R/o Village - Jarang Rampur, P.S. -
Belsar, District - Vaishali, at Present posted as Local Body/Niyojit Teacher at
Government GMS Jagadishpur, Block- Patedhi Belsar, District- Vaishali.
8. Arvind Kumar, S/o Wakil Singh, R/o Village - Ismailpur, P.S. - Goraul,
District - Vaishali, at Present posted as Exclusive Teacher at Government
UMS Garjaul Kanya, Block- Mahua, District- Vaishali.
9. Rishikesh Chandra, S/o Chandeshwar Bhakta, R/o Village - Tal Sehan, P.O. -
Khaje Chand Chhapra, P.S. - Kathara, District - Vaishali, at Present posted as
Exclusive Teacher at Government NPS Mathana Milik (West), Block-
Chehrakala, District- Vaishali.
10. Vinod Kumar, S/o Munsi Chaudhary, R/o Village - Paigambarpur Gorigama,
P.O. - Sondho, P.S. - Goraul, District - Vaishali, at Present posted as
Exclusive Teacher at Government NPS Bari Piroi, Ward No - 06, Block-
Goraul, District- Vaishali.
11. Divya Kumari, D/o Yogendra Thakur, R/o Village - Jarang Rampur, P.S. -
Belsar, District - Vaishali, at Present posted as Exclusive Teacher at GMS
Jarang Rampur Uttari, Block- Patedhi Belsar, District- Vaishali.
12. Manjay Kumar, S/o Shailendra Kumar Singh, R/o Village - Kataru, P.S. -
Belsar, District - Vaishali, at Present posted as Exclusive Teacher at
Government GMS Adampur, Block- Goraul, District- Vaishali.
13. Mohammad Mumtaz, S/o Md. Hussain, R/o Village - Bankhobhi, P.O. -
Chakmaruf, P.S. - Belsar, District - Vaishali, at Present posted as Exclusive
Teacher at Government GMS Bibipur, Block - Patedhi Belsar District-
Vaishali.
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14. Vinod Kumar, S/o Ram Kishore Singh, R/o Village - Sorhattha, P.O. -
Bibipur, P.S. - Belsar O.P., District - Vaishali, at Present posted as Head
Teacher at Government NPS Mujiya Yadav Tola, Block - Patedhi Belsar,
District - Vaishali.
15. Narendra Kumar, S/o Kishan Prasad Singh, R/o Village - Chakgulamuddin,
P.O. - Patedha Jayram, P.S. - Belsar, District - Vaishali, at Present posted as
Head Teacher at Government NPS Sain SC Tola, Block - Patedhi Belsar,
District - Vaishali.
16. Nitesh Kumar, S/o Ganesh Prasad Singh, R/o Village - Matiyara, P.O. -
Bhojpatti, P.S. - Sarai, District - Vaishali, at Present posted as Exclusive
Teacher at Government GPS Kanhauli Dhanraj, Block- Mahua, District-
Vaishali.
17. Jyoti Bharti, D/o Late Shivshankar Pandey, R/o Village - Adampur, P.O. -
Katarmala, P.S. - Goraul, District - Vaishali, at Present posted as Exclusive
Teacher at Government UMS Lodipur, Block- Goraul, District- Vaishali.
18. Krishna Kumar Singh, S/o Madhusudan Prasad Singh, R/o Village - Wafapur
Sharma, P.O. - Sirsa Viran, P.S. - Lalganj, District - Vaishali, at Present
posted as Head Teacher at Government GPS Balhan, Block- Lalganj,
District- Vaishali.
19. Govind Kumar, S/o Ganeshji Sah, R/o Village - Tokjagannath, P.O. -
Anirudh Belsar, P.S. - O.P. Belsar, District - Vaishali, at Present posted as
Exclusive Teacher at Government G.P.S. Manora, Block - Patedhi Belsar,
District - Vaishali.
20. Vijay Chaudhary, S/o Ramishwar Chaudhary, R/o Village - Hasanpur
Buzurg, P.O. - Rampur Ramhar, P.S. - Jandaha, District - Vaishali, at Present
posted as Head Teacher at Government GPS Pirapur Kanya, Block- Jandaha,
District- Vaishali.
21. Vikash Kumar Singh, S/o Ashok Kumar Singh, R/o Village - Bhikhanpura,
P.S. - Chandpura, District - Vaishali, at Present posted as Exclusive Teacher
at Government UMS Bhikhanpura Block- Desari, District- Vaishali.
22. Rimpee Kumari, D/o Randhir Kumar Singh, R/o Village - Wafapur Sharma,
P.S. - Lalganj, District - Vaishali, at Present posted as Head Teacher at
Government NPS Patedha Jayram SC Tola, Block- Patedhi Belsar, District-
Vaishali.
23. Jitendra Kumar, S/o Bindeshwar Singh, R/o Village - Sujawalpur, P.S. -
Saraiya, District - Muzaffarpur, at Present posted as Head Teacher at
Government NPS Karneji Surha Tola, Block- Patedhi Belsar, District-
Vaishali.
24. Vishwajeet Kumar, S/o Baleshwar Prasad, R/o Village - Berthu, P.S. - Karai
Parsurai, District - Nalanda, at Present posted as Exclusive Teacher at
Government NPS Bhagwanpur Pakri (S.A.), Block- Laganj, District-
Vaishali.
25. Alka Kumari, D/o Binod Kumar Sah, R/o Village - Rasulpur Habib
Chandpura Bazar, P.S. - Desri, District - Vaishali, at Present posted as
Exclusive Teacher at Government NPS Madhopur Madarsa, Ward No - 8,
Block- Desari, District- Vaishali.
26. Anamika Kumari, W/o Raju Kumar Sharma, R/o Village - Agarpur
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Barbanna, P.S. - Lalganj, District - Vaishali, at Present posted as Exclusive
Teacher at Government GPS Chimnapur, Block- Lalganj, District- Vaishali.
27. Amita Singh, W/o Sanjay Kumar Singh, R/o Village - Kartahan Buzurg
Lalganj, P.S. - Kartahan, District - Vaishali, at Present posted as Local
Body/Niyojit Teacher at Government UMS Kartahan Buzurg, Block-
Lalganj District- Vaishali.
28. Anjali Sharma, W/o Devendra Kumar, R/o Village - Agarpur Barbanna, P.S.
- Lalganj, District - Vaishali, at Present posted as Exclusive Teacher at
Government UMS Jalalpur Balak, Block- Lalganj District- Vaishali.
29. Ravishankar Kumar, S/o Brahmdeo Sharma, R/o Village - Barbanna
Agarpur, P.S. - Lalganj, District - Vaishali, at Present posted as Head Teacher
at Government NPS Prabodhi Narendra, Block- Lalganj District- Vaishali.
30. Shubham Saurav, S/o Vinay Kumar Prasad, R/o Village - Gurmiya Lalganj,
P.S. - Kartahan, District - Vaishali, at Present posted as Local Body/Niyojit
Teacher at Government NPS Gurmiya Haat, Block- Lalganj District-
Vaishali.
31. Raj Kumar Sahani, S/o Jugeshwar Sahani, R/o Village - Desari, P.S. -
Desari, District - Vaishali, at Present posted as Exclusive Teacher at
Government NPS Rampur Kichani, Block- Desari District- Vaishali.
32. Sadhana Yadav, W/o Chandra Shekhar Ray, R/o Village - Kheshrahiya
Mahua, P.S. - Mahua, District - Vaishali, at Present posted as Local
Body/Niyojit Teacher at Government UMS Khirachak, Block- Mahua
District - Vaishali.
33. Shyama Kumari, W/o Manoj Kumar, R/o Village - Rasulpur, P.O. - Jaitipur,
P.S. - Lalganj, District - Vaishali, at Present posted as Exclusive Teacher at
Government PM Shree Bhagwan Shankar Higher secondary school Lalganj,
Block- Lalganj District- Vaishali.
34. Archana Ratan, W/o Gajendra Kumar, R/o Village - Panapur Langa Hajipur,
P.S. - Hajipur Sadar, District - Vaishali, at Present posted as Head Teacher at
Government NPS Haharo Samudayik Bhawan, Block- Vaishali, District-
Vaishali.
35. Shivajee Pandit, S/o Parmeshwar Pandit, R/o Village - Madhopur Ram, P.S.
- Vaishali, District - Vaishali, at Present posted as Head Teacher at
Government BMC Maktab Nongola, Block- Hajipur District- Vaishali.
36. Pankaj Kumar, S/o Kamal Das, R/o Village - Hariwanshpur, P.S. -
Bhagwanpur, District - Vaishali, at Present posted as Exclusive Teacher at
Government NPS Bishunpur, Chintamani, Block- Bhagwanpur District-
Vaishali.
37. Md Mustaqeem, S/o Md Haroon, R/o Village - Bihari, P.O. - Bithauli, P.S. -
Bhagwanpur, District - Vaishali, at Present posted as Exclusive Teacher at
Government GMS Jarang Rampur Uttari, Block- Patedhi Belsar District-
Vaishali.
38. Sarfraz Alam, S/o Md Ashraf Ali, R/o Village and P.O. - Daudnagar, P.S. -
Vaishali, District - Vaishali, at Present posted as Exclusive Teacher at
Government UMS Salempur, Block- Vaishali District- Vaishali.
39. Sujeet Kumar, S/o Dinesh Prasad Sah, R/o Village and P.O. - Mansoorpur,
Patna High Court CWJC No.6167 of 2026(2) dt.27-04-2026
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P.S. - Vaishali, District - Vaishali, at Present posted as Exclusive Teacher at
Government NPS Baidyanathpur Vaishali, Block and District - Vaishali.
40. Vibha Kumari, D/o Rajkishor Choudhary, W/o Amol Kumar, R/o Village -
Patwa Toli Lalganj, P.S. - Lalganj, District - Vaishali, at Present posted as
Exclusive Teacher at Government GPS Premganj Balak, Lalganj, Block-
Lalganj District- Vaishali.
41. Ashwani Kumar, S/o Narendra Nath Gupta, R/o Village - Raghunath Tola
Anisabad, P.S. - Gardnibagh, District - Patna, at Present posted as Head
Teacher at Government N.P.S. Udaypur Uttar Tola, Block- Paliganj District-
Patna.
42. Md Iftekhar Alam, S/o Md Sayeed, R/o Village - Chakquazeenizam, P.O.
and P.S. - Mahua, District - Vaishali, at Present posted as Exclusive Teacher
at Government UMS Bahsi Damodar, Block- Jandaha District- Vaishali.
43. Rakesh Kumar, S/o Basudeo Choudhary, R/o At - Maile, P.O. - Bhairopur,
P.S. - Bidupur, District - Vaishali, at Present posted as Exclusive Teacher at
Government U.M.S. Bahsi Damodar, Block - Jandaha District- Vaishali.
44. Sabita Kumari, D/o Raghunath Ray, W/o Jainendra Kumar, R/o Village -
Khatrichak, P.S. - Mahua, District - Vaishali, at Present posted as Head
Teacher at Government NPS Kanhauli Dhobiya Pokhar, Block - Mahua
District- Vaishali.
45. Akanksha Chinoy, D/o Dashrath Prasad, R/o Village - Naya Tola Kumhrar,
P.S - Agamkuan, District - Patna, at Present posted as Head Teacher at
Government NPS Beladam Minority South Tola, Block - Patepur District-
Vaishali.
46. Kumar Satyendra, S/o Bindeshwar Singh, R/o Village - Sujawalpur
Rajarampur, P.S. - Saraiya, District - Muzaffarpur, at Present posted as
Exclusive Teacher at Government U.H.S. Rajarampur, Block - Saraiya,
District - Muzaffarpur.
47. Vinod Singh, S/o Chitranjan Singh, R/o Village - Rajarampur, P.S. - Saraiya,
District - Muzaffarpur, at Present posted as Exclusive Teacher at
Government G.B.S. Dokara, Block - Saraiya, District - Muzaffarpur.
48. Sanjeev Kumar, S/o Gaya Baitha, R/o Village - Pirapur Mathura, P.S. -
Goraul, District - Vaishali, at Present posted as Head Teacher at Government
NPS Rasulpur Husain, Block- Goraul District- Vaishali.
49. Dharmendra Kumar, S/o Satya Narayan Paswan, R/o Village - Kanchanpur,
P.O. - Rajasan, P.S. - Bidupur, District - Vaishali, at Present posted as Head
Teacher at Government NPS Malpur Tola Maheya, Block - Patepur District-
Vaishali.
50. Shailesh Kumar, S/o Chhotu Lal, R/o Village - Hathsarganj Hajipur, P.S. -
Hajipur Town, District - Vaishali, at Present posted as Head Teacher at
Government NPS Rahimpur Bheriyar Tola, Block - Vaishali District-
Vaishali.
51. Suresh Kumar Yadav, S/o Dharmdeo Rai, R/o Village - Kanchanpur
Dhanushi, Ghataro Lalganj, P.S. - Kartahan, District - Vaishali, at Present
posted as Head Teacher at Government NPS Shekhpura, Block - Lalganj
District- Vaishali.
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52. Barun Kumar, S/o Shanker Prasad Singh, R/o At - Muzaffara Kamtaul, P.O.
- Anant Kamtaul, P.S. - Kurahani, District - Muzaffarpur, at Present posted
as Exclusive Teacher at Government U.M.S Dumduma, Block - Vaishali
District- Vaishali.
53. Nilesh Kumar, S/o Mahesh Prasad Singh, R/o Village - Panapur Kusiyari,
P.O. - Bidupur (R.S.), P.S. - Bidupur, District - Vaishali, at Present posted as
Exclusive Teacher at Government NPS Dilawarpur, Nanhakchak, Block -
Bidupur District- Vaishali.
54. Sudhir Kumar, S/o Late Ganga Sah, R/o Village - Kutubpur Bidupur, P.O. -
Bidupur Bazar, P.S. - Bidupur, District - Vaishali, at Present posted as
Exclusive Teacher at Government UMS Madhaul, Block - Desari District-
Vaishali.
55. Ravi Kant Prasad, S/o Ramesh Prasad Singh, R/o At and P.O. - Rahimapur,
P.S. - Bidupur, District - Vaishali, at Present posted as Exclusive Teacher at
Government GMS Dharampur Ramrai, Block - Desari District- Vaishali.
56. Ramesh Kumar Chaurasia, S/o Bhagwat Prasad Chaurasia, R/o At and P.O. -
Bajitpur Saidat, P.S. - Bidupur, District - Vaishali, at Present posted as
Exclusive Teacher at Government G.P.S. Chandpura Saidabad, Block -
Bidupur, District- Vaishali.
57. Anil Kumar, S/o Ram Sagar Sah, R/o village- Chakwaja Nagwan, P.O.-
Chakwaja, P.S.- Belsar, District- Vaishali, at Present posted as Exclusive
Teacher at Government NPS Nagwan Pashchimi Tola, Block- Patedhi
Belsar, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Secretary, Education Department, Government of Bihar, Patna.
3. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
4. The District Education Officer, Vaishali, District - Vaishali.
5. The District Education Officer, Patna, District - Patna.
6. The District Education Officer, Muzaffarpur, District - Muzaffarpur.
7. The District Programme Officer, Establishment(Education), Vaishali,
District - Vaishali.
8. The District Programme Officer, Establishment (Education), Patna, District -
Patna.
9. The District Programme Officer, Establishment (Education), Muzaffarpur,
District - Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar
For the Respondent/s : Mr.Addl. Advocate General (07)
Patna High Court CWJC No.6167 of 2026(2) dt.27-04-2026
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======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 27-04-2026 The instant writ petition has been filed for the
following relief:
“1. (i) For issuance of a writ in the nature of
Mandamus or any other appropriate
writ/order/direction to the respondent authorities to
consider and grant the benefits (Grade Pay) of
trained teacher to the petitioners since the date of
completion of two years in-service teachers training
course of Diploma in Elementary Education (In short
D.El.Ed.), Face-to-Face/Regular Course in Sessions
2015-17 and 2016-18 and all the petitioners have
passed their examinations on 19.01.2019 in the result
published by the Bihar School Examination Board,
Patna.
(ii) Further, for issuance of a writ in the nature of
Mandamus or any other appropriate
writ/order/direction to the respondents to grant all the
monetary benefits like arrears of differences of salary
as-well-as seniority since the due date of completion
of the teachers training to all the petitioners
according to the order/Judgment dated 01.02.2021
passed in C.W.J.C. No. 7938 of 2020 (Manoj Kumar
and others V/s The State of Bihar and others) which
has/has been upheld vide Order/Judgement dated
03.04.2025 passed in L.P.A. No 456 of 2021 passed by
Hon'ble Division Bench of this Hon'ble Court and has
also been affirmed vide Order/Judgement dated
Patna High Court CWJC No.6167 of 2026(2) dt.27-04-2026
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15.01.2026 passed in S.L.P. (Civil) Diary No(s) -
66035/2025 by Hon'ble Apex Court, and also in the
light of several other Orders/Judgements (Annexure
P/10 and P/12) passed by Hon'ble Coordinate
Benches of this Hon'ble Court.”
2. Counsel for the petitioners submits that the
petitioners have completed their in-service teachers training
course of Diploma in Elementary Education (Face-to-
Face/Regular) course in Sessions 2015-17 and 2016-18 and they
completed their course of in-service teachers training in the
years 2017 and 2018 itself and the final examination of the said
Sessions were conducted in the month of October, 2018 due to
laches on the part of the respondent State authorities and there
was no lapses on the part of the petitioners and, therefore, they
are entitled to grant of such benefits of grade pay of trained
teachers in the light of the judgment rendered by the Co-
ordinate Bench of this Court in the case of Kishor Kumar and
others Vs. The State of Bihar & Ors. (CWJC No. 16165 of
2019) from the date of completion of their in-service teachers
training courses.
3. It is next submitted that the issues have already
been put at rest relying upon the judgment passed by the Co-
ordinate Bench rendered in the case of Kishor Kumar (supra), a
Patna High Court CWJC No.6167 of 2026(2) dt.27-04-2026
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detailed order has been passed in the case of Manoj Kumar &
Ors. Vs. State of Bihar & Ors. (CWJC No. 7938 of 2020), which
squirely covers the case of these petitioners.
4. It is next submitted that against the order passed by
the Co-ordinate Bench, the State authorities have preferred
appeal before the Hon’ble Division Bench by filing LPA No.
456 of 2021 (The State of Bihar & Ors. Vs. Manoj Kumar &
Ors.) and the Hon’ble Division Bench has affirmed the order
passed by the Co-ordinate Bench of this Court, which is being
reproduced herein below:-
“-----5. It is to be noted that appellants-
State have not preferred LPA in Kishor Kumar and
Others (supra) case. On the other hand, they have
not taken note of specific words in the Kishor
Kumar and Others (supra) to the following extent:-
"The respondents have to take decision
granting benefit of trained scale to the petitioners
with effect from the date of completion of their
training i.e., May, 2017. Necessary decision in this
regard with all consequential monetary benefits
must be taken by the Director, Secondary Education
within a period of sixty days from date of
receipt/production of a copy of this order".
Underline Supplied
6. In this backdrop, appellants cannot take
decision of notional benefits when the order is very
Patna High Court CWJC No.6167 of 2026(2) dt.27-04-2026
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specific to the extent that necessary decision in this
regard with all consequential monetary benefits
must be taken by the Director. The same decision
has been passed in number of cases including the
present case. The appellants have taken their own
time to publish the result with reference to
completion of training course in the month of May,
2017. For no fault on the part of the respondents,
denial of certain service and monetary benefits on
behalf of the appellants would be arbitrary,
therefore, the appellants have not made out a case
so as to interfere with the impugned order of the
learned Single dated 01.02.2021 passed in passed in
CWJC No. 7938 of 2020.”
5. Lastly, it is submitted that against the order passed
by the Hon’ble Divisioin Bench in LPA No. 456 of 2021 in the
case of Manoj Kumar (supra), the State authorities have moved
before the Hon’ble Apex Court by filing Special Leave Petition
(Civil) Diary No(s) 66035 of 2025 and the Hon’ble Apex Court
has also declined to interfere with the impugned order.
Accordingly, the Special Leave Petition preferred by the State
got dismissed.
6. On the other hand, counsel for the State submits
that since the issues have already been adjudicated and put at
rest, therefore, all the petitioners may be directed to file
individual representation, giving their service profile with all
Patna High Court CWJC No.6167 of 2026(2) dt.27-04-2026
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supportive materials before the concerned District Education
Officer, within a period of six weeks from today and, on filing
of such representation with all supportive materials and the
judgments referred herein above, it is expected that the
concerned District Education Officer shall consider the
grievances of the petitioners and on finding their claim to be
justified in law and as also in consonance with the parameters
fixed by the Hon’ble Courts in the judgment rendered in the
case of Manoj Kumar (supra), necessary order shall be passed
within a further period of eight weeks and if the petitioners are
found entitled to such benefits, the same shall also be extended
to them within the same period, as stated above.
7. With the aforementioned observations and
directions, the writ petition stands disposed of.
(Ajit Kumar, J)
shikha/-
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