IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1715 of 2008 BRAJ KISHORE PATHAK, SON OF LATE RADHA MOHAN PATHAK, RESIDENT OF VILLAGE-BUDHIRAN, P.O.- DADPUR, P.S.-BHAGWANPUR, DISTRICT-BEGUSARAI. ………………………PETITIONER. Versus 1. ANJANI KUMAR SINGH, THE SECRETARY, HUMAN RESOURCES AND DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 2. SANJEEV HANS, THE DISTRICT MAGISTRATE, BEGUSARAI. 3. RAM RAJ RAJAK, THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM-CO-ORDINATOR, BIHAR EDUCATION PROJECT, BEGUSARAI. 4. BHANU PRATAP, THE BLOCK DEVELOPMENT OFFICER, BHAGWANPUR, DISTRICT-BEGUSARAI. 5. SMT. MANJU KUMARI, THE BLOCK EXTENSION OF EDUCATION OFFICER, BHAGWANPUR, BEGUSARAI. 6. THE STATE OF BIHARM. …………………………RESPONDENTS. ----------- 2 03.03.2009 Heard learned counsel for the petitioner and learned counsel for the opposite parties. The writ application of the petitioner was disposed of by order dated 25.2.2008 as contained in Annexure-1 by which the District Magistrate, Begusarai was directed to examine the factual aspects and take an appropriate decision in the matter. In the writ application the petitioner has challenged the order of his termination on the ground that subsequently he had produced another certificate from Darbhanga Medical College and Hospital with regard to percentage of his disability which was not 2 taken into account for the purpose of recalling the order of his dismissal. A show cause has been filed on behalf of the opposite parties. Along with the show cause an order of office of District Magistrate, Begusarai is annexed as Annexure-A, from which it appears that in compliance to the orders of this Court the District Magistrate had constituted a Medical Board under the Civil Surgeon and that Medical Board came to the conclusion that the percentage of disability of the petitioner was only to the extent of 30%. In that view of the matter, the District Magistrate, Begusarai came to the conclusion that the petitioner was not covered under the Government policy for his appointment under the physically handicapped category. The said order has been passed by the District Magistarte, Begusarai on the basis of report of validly constituted Medical Board. Therefore, this Court, in exercise of contempt jurisdiction, does not feel inclined to proceed in the matter and the contempt application is dismissed. Petitioner will be at liberty to challenge the said order of the District 3 Magistrate, Begusari in accordance with law before any appropriate forum. Arvind/ (J. N. Singh, J.)