Prabhat Tara Girls High School v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8122 of 2019 ====================================================== 1.

Prabhat Tara Girls High School Muzaffarpur, through its Secretary, Sr. Renald, female, aged about 63 years, daughter of late Joseph K.J. resident of Holy Cross Convent, Chakkar Maidan, P.S.- Kazi Mohammedpur, P.O.- Muzaffarpur, District- Muzaffarpur.

2.

Sr. Neeli Kujur Daughter of Mr. Agapit Kujur Resident of Village Badkita, O.P. Maheshmunda, P.S. Gandey, Maheshmunda, District- Giridih, Jharkhand- 815312, at Present residing at St. Joseph Convent, Bettiah, P.O. Bettiah-845438, P.S.- Bettiah Sadar, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

Director (Secondary Education), Human Resources Development Department, Government of Bihar, Patna.

3.

District Program Officer Muzaffarpur District, Muzaffarpur- 842001 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.K.M.Joseph For the Respondent/s :

Mr.Smt. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-04-2019 The learned counsel for the petitioners submits that the short prayer of the petitioners is for issuance of a direction to the Director (Secondary Education), Human Resources Development Department, Government of Bihar, Patna i.e. the respondent no. 2 to approve the appointment of the petitioners as Assistant Teachers in Prabhat Tara Girls High School, Muzaffarpur as also for issuance of a direction for payment of salaries.

The learned counsel for the petitioners submits that the school in question is a minority educational institution aided

Patna High Court CWJC No.8122 of 2019(2) dt.22-04-2019 2/2 by the State of Bihar, however, under Article 30(1) of the Constitution of India, all the minority institutions have the right to establish and administer educational institutions. It is further submitted that the petitioners are possessing the requisite qualifications for being appointed as teachers in the aforesaid school and they had joined her duties as Assistant Teachers in the school on 02.04.2013 and the school had sent a proposal for approval of the appointment of the petitioners herein on 04.04.2013 itself, however, no decision has been taken till date. Having regard to the short prayer made by the petitioners herein, the present writ petition is disposed of with a direction to the respondent no. 2 to take a final decision in the matter within a period of eight weeks from today by passing a reasoned order.

It is needless to state that in order to expedite the matter, the petitioners shall file a detailed representation along with all the requisite documents before the respondent no. 2 within a period of two weeks from today.

(Mohit Kumar Shah, J) rinkee/- U