IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11635 of 2007 MITHILESH KUMAR, S/O SRI BHAGWAN RAI, R/O VILLAGE- KADIPUR NAGRA, P.O.-NAGRA, P.S.-KHAIRA, DISTRICT- SARAN. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY-CUM- COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMNET, STATE OF BIHAR, PATNA. 2. THE SECRETARY-CUM-COMMISSIONER, EDUCATION DEPARTMNET, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, NEW SECRETARIAT, PATNA. 4. THE COMMISSIONER, SARAN DIVISION, CHAPRA. 5. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, SARAN AT CHAPRA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN AT CHAPRA. 7. THE BLOCK DEVELOPMENT OFFICER, NAGRA BLOCK, AT NAGRA, P.O.-NAGRA, P.S.-KHAIRA, DISTRICT-SARAN. 8. THE BLOCK EDUCATION EXTENSION OFFICER, NAGRA BLOCK, AT NAGRA, P.O.-NAGRA, P.S.-KHAIRA, DISTRICT-SARAN. 9. THE GRAM PANCHAYAT RAJ DUMARI, NAGRA BLOCK, AT AND P.O.-DUMARI, P.S.-KHARIA, DISTRICT-SARAN, THROUGH ITS PANCHAYAT SECRETARY. 10. THE BIHAR INTERMEDIATE EDUCATION COUNCIL, BIHAR, PATNA, THROUGH ITS SECRETARY. 11. THE SECRETARY, BIHAR INTERMEDIATE EDUCATION COUNCIL, BIHAR, PATNA. ………………RESPONDENTS. For the petitioner : Mr. M.N. Parbat, Adv. For the State : Mr. Tejendra Sinha, AC to GP- 18. For the BSEB : Mr. Lalit Kishore, Sr. Adv. ----------- 2 29.07.2009 This case has been listed under the heading “To Be Mentioned” at the request of learned counsel for the petitioner on the ground that the case of the petitioner is fully covered by order of this Court dated 16.5.2008 passed in C.W.J.C. No. 3974 of 2008 and other analogous cases. Learned counsel for the petitioner submits that the law laid down and ratio of the - 2 - said order of this Court is fully applicable in the case of the petitioner and the writ application may be disposed of with a direction to the respondents to consider the case of the petitioner also in the light of the said order. Learned counsel for the State does not oppose the said prayer. Accordingly, without going into the merits of the case, this writ application is disposed of with liberty to the petitioner to file a representation before the Collector, Saran along with the said order of this Court relied upon by him within one month from today. In case such a representation is filed, the respondent-Collector, Saran shall examine the matter and shall verify as to whether the facts of the case of the present petitioner are identical to the facts of the cases of the petitioners covered by the said order. In case, he is satisfied that they are identical to each other, he shall pass fresh orders in respect of the petitioner as per the law laid down by the said order of this Court. In that eventuality he shall withdraw the said earlier order passed by him dated 27.6.2007. - 3 - In case, he does not find the case of this petitioner similar on all fours with the cases of the petitioners covered by the said orders of this Court, he shall pass speaking order and communicate the same to the petitioner. The final decision in the matter shall be taken by the respondent-Collector within two months from the date of filing of the representation. It is again made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner which has to be examined and decided by the respondent- Collector strictly in accordance with law. Arvind/ (J. N. Singh, J.)