Manti Devi And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.239 of 2016 ===========================================================
1. Manti Devi Wife of Shri Bisnudew Singh
2. Bisnudew Singh Son of Late Jag Narayan Singh
3. Krishnadeo Singh Son of Late Jag Narayan Singh
4. Sarvanand Singh @ Sabha Singh Son of Late Jag Narayan Singh
5. Mukesh Singh Son of Shri Krishnadeo Singh
6. Jitendra Singh Son of Shri Sarvanand Singh @ Sabha Singh All resident of village - Manpur, P.O. Dhobaha Bazar, P.S. Ara Muffasil, District - Bhojpur at Ara .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna
3. The Director, Primary Education, Human Resources Development Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna
4. The District Magistrate, Bhojpur, District Bhojpur at Ara
5. The District Education officer, Bhojpur, District Bhojpur at Ara
6. The District Programme officer ( Establishment ), Bhojpur, District Bhojpur at Ara
7. The Sub - Divisional officer, Ara Sadar, District Bhojpur at Ara
8. The Block Education officer Block Ara Muffasil ( South ), District - Bhojpur at Ara
9. The Middle School, Manpur, Block Ara Muffasil ( South ), District - Bhojpur at Ara
10. The Headmaster, Middle School, Manpur, Block Ara Muffasil (South ), District - Bhojpur at Ara
11. The School Education Committee Middle School, Manpur, Block Ara Muffasil ( South ), District - Bhojpur at Ara
12. The Chairman, School Education Committee, Middle School, Manpur, Block Ara Muffasil ( South ), District - Bhojpur at Ara
13. The Secretary, School Education Committee, Middle School, Manpur, Block
Patna High Court CWJC No.239 of 2016 dt.20-01-2017 2/3 Ara Muffasil ( South ), District - Bhojpur at Ara .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Nityanand Mishra, Advocate : Mr. Balmeeki Pandey, Advocate For the State : Mr. A.K.Dubey, AC to AAG-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 20-01-2017 Heard learned counsel for the parties.
The petitioners have moved the Court basically for seeking a direction to the authorities to name the school in question after their ancestor, who is said to be donor of the land of the school. Learned counsel for the State submitted that as per the provision, a school can be named on the donor's name or on his request, in the name of any other person, as far as old schools are concerned, which is the case at present. But, since the original donor has died, now such request cannot be entertained. However, he submitted that there is provision that in such matters if there is any dispute, the same shall be brought before the Collector of the District and thereafter before the Principal Secretary of the Education Department. He submitted that the District Magistrate may be directed to take a final decision after hearing the parties. Learned counsel for the petitioners agrees to such suggestion.
Patna High Court CWJC No.239 of 2016 dt.20-01-2017 3/3 Accordingly, the writ application stands disposed off with a direction to the Respondent No.4 i.e., the District Magistrate, Bhojpur to pass final order on the representation of the petitioners dated 06.04.2015, as contained in Annexure 5 series to the writ application, after giving opportunity of hearing to all concerned, within three months from the date of production of a copy of this order before him.
(Ahsanuddin Amanullah, J.) S.Pandey/- AFR/NAFR U