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Patna High Court

Dilkhush KumarversusDr. S. Siddharth, the State of Bihar through Principal Secretary, Education Department

Decided
Disposal
DISMISSED

Holding

The order was issued in compliance with the earlier judgment and therefore did not amount to contempt, leading to the dismissal of the contempt petition.

Summary

The petitioners, a group of six residents of Madhepura, filed a Miscellaneous Jurisdiction petition in the Patna High Court seeking contempt proceedings against the State of Bihar and several education officials for an order dated 24 July 2024 (Memo No. 1239). The order had been issued in compliance with a prior judgment dated 9 February 2024 in C.W.J.C. No. 3739 of 2020. The State contended that the order was a lawful implementation of the earlier direction, while the petitioners argued that they should be allowed to challenge the order before the appropriate forum. The Court examined whether the order amounted to contempt of its earlier decree and concluded that it did not, as it was issued in compliance with the Court’s direction. Accordingly, the contempt proceeding was dropped and the petition dismissed, but the petitioners were granted liberty to challenge the order in the proper forum.

Issues considered

  • Whether the order dated 24 July 2024 (Memo No. 1239) constitutes contempt of the High Court’s earlier judgment.
  • Whether the petitioners are entitled to challenge the said order before a forum other than the contempt proceeding.

Subjects

  • contempt of court
  • miscellaneous jurisdiction
  • writ jurisdiction
  • challenge of administrative order
  • procedural law

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.3116 of 2024
                                         In
                   Civil Writ Jurisdiction Case No.3739 of 2020
     ======================================================
1.    Dilkhush Kumar Son of Sri Triveni Sharma, Resident of village-Nadhi, P.O-
      Morho, PS and Disrict- Madhepura.
2.   Bhupendra Ram, Son of Maheshwari Ram, Resident of village- Belaghat,
     P.O- Tulshibari, P.S and District- Madhepura.
3.   Dharmendra Sardar, Son of Late Kartik Sardar, Resident of village-
     Gurutara, P.O- Lalpur, P.S- Singheshwar, District- Madhepura.
4.   Shiv Shankar Kumar, Son of Harihar Narayan Sah, Resident of village and
     P.O- Laxmipur Muhalla, P.S and District- Madhepura.
5.   Manoj Kumar Rajak, Son of Kishan Rajak, Resident of village Jajhat
     Sabaila, P.O and P.S- Singheshwar, District- Madhepura.
6.   Vikas Kumar, Son of Pramod Prasad Gupta, Resident of behind Shiv
     Mandir, Purani Bazar, Ward No. 06, Nagar Parishad, P.S and District-
     Madhepura.
                                                               ... ... Petitioner/s
                                       Versus
1.   Dr. S. Siddharth, the State of Bihar through Principal Secretary, Education
     Department Government of Bihar, Patna.
2.   Dr. S. Siddharth, Son of not known to the petitioner, The Additional Chief
     Secretary, Education Department, Govt. of Bihar, Patna.
3.   Sri. B. Kartikeya Dhanji, Son of not known to the petitioner, The State
     Project Director, Bihar Education Project Council, Bihar, Patna.
4.   Sri. Anil Kumar, Son of not known to the petitioner, The Divisional
     Commissioner, Koshi Division, Tirhut.
5.   Sri. Shahjahan, Son of not known to the petitioner, The Administrative
     Officer, Bihar Education Project council, Patna.
6.   Md. Sayeed Ansari, Son of not known to the petitioner, The District
     Education Officer, Madhepura.
7.   The District Programme Officer (Establishment), Madhepura.
8.   Sri. Abhishek Kumar, Son of not known to the petitioner, The District
     Programme Officer, Primary Education and Sarv Shiksha Abhiyan,
     Madhepura.
9.    Sri. Vikash Kumar Karn, Son of not known to the petitioner, The Senior
      Deputy Collector, Madhepura.
                                                      ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Dinu Kumar, Advocate
                                   Mr. Vardaan Mangalam, Advocate
                                   Mrs. Ritika Rani, Advocate
     For the State          :      Mr. Government Pleader 23
     For the BEPC           :      Mr. Girijish Kumar, Advocate
                                   Mr. Akash Anand, Advocate
     ======================================================
             Patna High Court MJC No.3116 of 2024(4) dt.18-03-2026
                                                         2/2




                    CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4    18-03-2026                     Heard learned counsel for the petitioners, learned

                       counsel for the State and learned counsel for the Bihar

                       Education Project Council.

                                    2. Learned counsel appearing for the Bihar Education

                       Project Council submits that in compliance of the order dated

                       09.02.2024 passed in C.W.J.C. No. 3739 of 2020, the concerned

                       opposite party has passed order contained in Memo No. 1239

                       dated 24.07.2024 (annexed as Annexure- O.P/A).

                                    3. Learned counsel for the petitioners submit that

                       liberty may be granted to challenge the said order dated

                       24.07.2024 before the appropriate forum.

                                    4. As such, the contempt proceeding is hereby

                       dropped and the present M.J.C. petition stands dismissed with

                       liberty to the petitioners to challenge the said order dated

                       24.07.2024 contained in Memo No. 1239 (Annexure- O.P/A),

                       before the appropriate forum.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U


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