S.N.JHA
Gauri Shankar Dixit – Appellant
Versus
State Of Bihar – Respondent
1. The petitioner seeks direction to the respondents to recognise him as Head-master of Karaikaila High School, Karaikalla, in the district of West Singhbhum.
2. It must be mentioned at the very outset that he had approached this Court for similar relief in CW.J.C. No. 1672/93 (R) which was rejected on 12.8.93 in view of the Bench decision of this Court in Phulena Prasad Yadav vs. The State of Bihar & ors., 1993 BBCJ 02 = 1991 (2) PLJR 449. The Special Leave Petition preferred against the dismissal of the case being SLP No. 5266 (C)/94 was also dismissed on 6.2.95. The present writ petition has been filed on the strength of a recent order of the Supreme Court in the case of A. K. Pradhan vs. State of Bihar, 1998 (2) PLJR 2 (SC). Copy of the said order has also been marked Annexure-7 to the petition.
3. It appears that a similar contention raised in the case of Ram Balak Prasad Singh vs. The State of Bihar & ors. was rejected by a learned Single Judge. The decision is reported in 1998 (3) PLJR 255. The learned Judge held that the order in A.K. Pradhans case (supra) does not lay down any principle or law and, therefore, has no binding effect. Before I advert to the case of A.
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