RAS BIHARI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS the common questions of law and facts are involved in both the writ petitions they have been heard together and are being disposed of by this common order.

(2.) HEARD learned counsel for the petitioners and learned counsel for the State.

(3.) IN such circumstances the proper course appears to examine the correctness and legality of impugned order contained in annexure -5 vide memo no. 535 dated 10.4.2004 by the Secretary, Primary and Adult Education, Bihar, Patna on its own merit. This order is clearly a reasoned order pursuant to remand order passed in C.W.J.C. No. 4798/98 and C.W.J.C. No. 6793 of 1998. The later writ petition was filed by petitioner of C.W.J.C. No. 14255 of 2004 (Bhupendra Singh & Ors. V/s. State of Bihar & Ors.). Unfortunately copy of that order has not been annexed by Bhupendra Singh in the present writ petition but the same has been produced by learned counsel for the State.