Minu Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15439 of 2014 =========================================================== Minu Kumari W/o Rajesh Kumar Singh, Vill & P.O.- Mahathi, P.S.- Bibhutipur, District- Samastipur, presently working as Headmaster in Pradip Jaimangala Primary cum Middle School, Nawkothi in the district of Begusarai. .... .... Petitioner

Versus

1. The State of Bihar through its Secretary, Human Resources Development Department, Bihar, Patna

2. The Special Director, Secondary Education, Vikash Bhavan, Patna

3. The Chairman, Sanskrit Siksha Board, Patna

4. The Secretary, Sanskrit Shiksha Board, Patna

5. Lakhan Mahton, S/O Late Pradip Mahton Vill.- Nawlakha, P.S.- Nawkothi, Distt.- Begusarai, claiming to be Secretary in Pradip Jaimangala Primary cum Middle School, Nawkothi in the district of Begusarai

6. Binod Kumar father's name not known, claims to be In-charge Headmaster in Pradip Jaimangala Primary cum Middle School, Nawkothi in the district of Begusarai .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Rajani Kant Pathak, Advocate For the State :

Mr. Madhuresh Prasad, G.P.12 For Res.Nos.5 & 6 :

Mr. Purushottam Jha, Advocate Mr. Vikash Kumar Jha, Advocate For the Board :

Smt. Sujata Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 16-02-2016 Whatever the decisions which may have been taken earlier by the respondent Bihar Sanskrit Shiksha Board with regard to constitution of the Managing Committee which led to filing of the present writ application, the facts as it stands today is that a 2015 Rule has now been notified, a copy of which has been produced by the counsel representing the private respondent.

Since a statutory provision has been put in place and notified, all decisions will be required to be taken afresh inconformity

Patna High Court CWJC No.15439 of 2014 dt.16-02-2016 2 / 2 with the 2015 Rule.

The writ application now stands disposed of with liberty to the petitioner, the private respondents and all such persons interested or directly affected to move the Chairman of Bihar Sanskrit Shiksha Board who after giving an opportunity of hearing and examining the necessary evidence in this regard will take a fresh decision for creation of a Managing Committee for the school in question.

It is hoped and expected that an earlier decision preferably within a period of three months from the date of filing of such applications for constitution would be taken. (Ajay Kumar Tripathi, J.) Sanjay/- U