IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17755 of 2021 ======================================================

Ram Vinay Prasad @ Ram Vinay Kumar Son of Nemi Chandra Sah Resident of Village - Riga, Mill Bazar, Ward No. 13, Kusumpur Bakhri, Police Station - Riga, District- Sitamarhi, At present posted and working as a Secondary Teacher in High School Bairgania, Anchal - Bairgania, District- Sitamarhi.

... ... Petitioner/s Versus

1. The State of Bihar Bihar.

2. The Principal Secretary - cum- Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

3. The Director, Secondary Education, Govt. of Bihar, Patna.

4. The District Magistrate, Sitamarhi.

5. The Additional Collector, Sitamarhi.

6. The Senior Deputy Collector, Sitamarhi.

7. The Deputy Development Commissioner - cum- Chief Executive Officer, Muzaffarpur.

8. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.

9. The District Education Officer, Sitamarhi.

10. The District Programme Officer (Secondary Education), Sitamarhi.

11. The District Programme Officer (Establishment), Sitamarhi.

12. The Executive Officer, Nagar Parishad, Bairgania, District- Sitamarhi.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Umesh Kumar Mishra For the State : Ms.Abhanjali, Ac to Ga12 For the Respondent No. 12 : Mr.Neeraj Kr. Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR

ORAL JUDGMENT

Date : 12-01-2026 In the instant petition, petitioner has prayed for the following relief(s):-

“I. For issuance of an appropriate writ in the nature of certiorari for quashing memo no. 1475 dated 09.09.2021 issued under the signature of the Director, Secondary Education, Bihar, Patna addressing to the Executive Officer- cum- the Secretary, Nagar Secondary Teacher Employment Unit, Nagar Panchayat, Bairgania, District-Sitamarhi by which, he has stated that the selection of teachers for the 5^th phase in the Nagar Panchayat Bairgania has been done against the roster point and in the enquiry the allegation has been found to be true. Therefore, he has directed for cancellation of illegal appointment, which has been referred to in the enquiry report, without verifying the facts of the case of the petitioner.

II. For issuance of an appropriate writ in the nature of certiorari for quashing the memo no. 2171 dated 31.07.2021 issued under the signatures of four men Enquiry Committee by which, it has been held that in the Nagar Panchayat, Bairgania, district Sitamarhi only two vacancy available for the Social Science subject against which two persons, namely, Ranjit Kumar and Shri Saroj Kumar have been appointed but in spite of no other vacancy, the selection of Shri Ram Vinay Kumar (petitioner) have been done, which does not appear to be proper. The said enquiry report is ex-parte one as the said enquiry has been completed without noticing the petitioner and giving an opportunity to him of being heard and furthermore, the aforesaid Enquiry Report has been issued without appreciating the correct facts.

III. For issuance of an appropriate in the nature of certiorari for quashing the letter no. 51 dated 11.01.2017 issued by the District Education Officer, Sitamarhi, the roster forwarded vide letter no. 1966 dated 17.07.2016 was amended vide letter no. 2479 dated 17.10.2016 in such a condition the memo no. 1966 dated 17.07.2016 considered automatically cancelled as the same has been manufactured subsequently only with a view to harass the petitioner and to snatch the only source of his livelihood and only to show that there was no backlog vacancy of Social Science subject existing in the Nagar Panchayat Bairgania, against which, the petitioner has been selected/appointed in the year

2017.

IV. For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to comply the order passed by the learned Distr