Patna High Court
Dilkhush KumarversusDr. S. Siddharth, the State of Bihar through Principal Secretary, Education Department
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
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
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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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