Sunil Kumar Sinha and Another vs The State of Bihar and Others

S.K. Katriar, J.—Heard Mr. Prakash Chandra Jha for the petitioners, Ms. Nilam Prasad, learned junior counsel to Government Pleader No. 21 for respondent Nos. 1, 4, 6 and 7 and Mr. Ajay Bihari Sinha for respondent Nos. 2 and 3. It has come up under the heading ''For Orders''. As jointly prayed for by learned counsel for the parties, it is taken on board "For Admission". The two petitioners, namely, Sunil Kumar Sinha and Ram Karan Singh have joined this writ petition seeking a common relief of direction to the respondent-authorities for consideration of their cases for appointment to the posts of teacher in the Zila Parishad. The advertisement is marked Annexure-2 to the writ petition. The learned Government Counsel raises a preliminary objection as to the maintainability of this writ petition and submits that the petitioners have rushed to this Court without exhausting the statutory remedy available to them. She relies on Clause-15 of the Bihar Zila Parishad Madhyamik Awam Uchchtar Madhyamik Shikshak (Niyojan Awam Seva Sharten) Niyamawali, 2006, which reads as follows:

Faced with the situation, learned counsel for the petitioners seeks permission to withdraw this writ petition with the liberty to approach the prescribed authority under Rule 15 of the said Rules which, if filed within a period of 15 days from today, shall be disposed of on merits and in accordance with law, and the time spent by the petitioners in this Court shall not come in their way. The writ petition is accordingly disposed of.