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2018 Supreme(Pat) 370

AHSANUDDIN AMANULLAH
Managing Committee of Sarswati Bilash Sanskrit High School – Appellant
Versus
State of Bihar – Respondent


Advocate Appeared:
For the Petitioners:Mr. Siya Ram Shahi with Ms. Shally Kumari, Advocates
For the State : Mr. Md. Nadeem Seraj, with Mr. Sahilesh Kumar
For the Board :Mr. Satyam Shivam Sundaram, Advocate
For the Respondents:Mr. Yugal Kishore, Sr. Advocate with Mr. Ajay Kumar, Mr. Virendra Prasad and Mr. Sanjay Kumar, Advocates, Mr. Kundan Kumar Sinha, Advocate

JUDGMENT :

Heard learned counsel for the petitioners; State; Bihar Sanskrit Shiksha Board (hereinafter referred to as the ‘Board’) and respondents no. 7, 8 and 9. Despite valid service of notice, and respondent no. 10 having filed counter affidavit, when the case was heard at length today, nobody has appeared on behalf of respondent no. 10.

2. The petitioners have moved the Court for the following reliefs:

“(i) For issuance of an appropriate writ in quashing the order passed by the Special Director (Secondary Education) Deptt. Of Education, Bihar vide Memo No. 14 dated 20.02.2015 contained in Annexure-8.

(ii) For issuance of an appropriate writ in quashing the order vide Memo No. 4530 dt. 26.11.2014 passed by Chairman, Bihar Sanskri Siksha Board, Patna contained in Annexure-7.

(iii) For issuance of an appropriate writ commanding the respondents to take steps to recover the amount paid to the respondents no. 7, 8 and 9 against their salary by a process of law.

(iv) For any other relief or reliefs for which the petitioner is entitled under law as well as on facts of the case.”

3. The undisputed factual position is that the respondents no. 7, 8 and 9 were appointed in May/June, 1997 on teach










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