IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5927 of 2010 1. LAL MANI SINGH S/O SRI DASRATH SINGH R/O VILL DANIA, P.O.LALPUR, P.S.KAUWAKOL, DISTT-NAWADA Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY , HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. DIRECTOR , PRIMARY EDUCATION GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE NAWADA 5. DISTRICT SUPERINTENDENT OF EDUCATION NAWADAH 6. BLOCK DEVELOPMENT OFFICER NAWADAH 7. BLOCK EDUCATION EXTENSION OFFICER KAUWAKOL BLOCK, KAUWAKOL 8. THE MUKHIYA , MAHUDAR GRAM PANCHAYAT MAHUDAR , KAUWAKOL, NAWADAH 9. PANCHAYAT SACHIV MAHUDAR GRAM PANCHAYAT , NAWADAH ----------- 4 17/01/2011 District Superintendent of Education, Nawadah is present in person in pursuance of the order passed by this Court earlier. Today the District Superintendent of Education is being defended by the Additional Advocate General II. Even he has very fairly submitted that there is no power to be exercised by the District Superintendent of Education in such matters and whatever orders have been passed by him including the one contained in annexure-3 which is under challenge in the writ application has been - 2 - passed on a misunderstanding of fact and law. This Court is not very convinced with the kind of explanation which is being offered on behalf of the District Superintendent of Education, but then I understand the predicament of the District Superintendent of Education and the learned Additional Advocate General because of awkwardness of the situation created by his client. In absence of any law in support of the impugned order annexure-3, the same is quashed. The District Superintendent of Education is further directed to ensure that all such orders issued by him will be withdrawn by him because a large number of cases have come to this Court challenging the legality of the same. This writ application is allowed in terms of the above. Personal appearance of the District Superintendent of Education, Nawadah is hereby dispensed with. AMIN/ (Ajay Kumar Tripathi, J.)