Mohanji Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1170 of 2016 =========================================================== Mohanji Jha, Son of Late Tej Narain Jha, resident of Village + P.O.- Mansapur, P.S.- Laukahi, District- Madhubani at present working as In-charge Headmaster of Ajablal Sarvjanik Sanskrit Uchch Vidyalaya, Mansapur in the district of Madhubani.

.... .... Petitioner

Versus

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

2. The Bihar Sanskrit Shikha Board through its Secretary, Polo Road, Patna.

3. The Chairman, Bihar Sanskrit Shikha Board, Polo Road, Patna.

4. The Secretary, Bihar Sanskrit Shiksha Board, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner :

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

Mr. Madhukar Krishna Sinha, S.C.1 Mr. Ashutosh Singh, A.C. to S.C.1 For B.S.S.B.

:

Kumari Sujata Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 05-07-2016 Writ application is disposed of with a direction upon the Secretary of Bihar Sanskrit Shiksha Board that a decision must be taken with regard to the communication made by the In-charge Principal, i.e., the present petitioner with regard to the Namika (Annexure-3/1) dated 13.07.2015. It is going to be almost a year since there is no decision coming from the Sanskrit Shiksha Board and unnecessary avoidable litigation has been created.

2. The Court fails to understand as to why even for a routine kind of decision making, a judicial direction is required to be

Patna High Court CWJC No.1170 of 2016 dt.05-07-2016 2 / 2 issued which creates unnecessary burden upon the system specially when there is no legal interpretation required to be given at least with regard to the prayer and assertion made in the writ application.

3. The Chairman and the Secretary of Bihar Sanskrit Shiksha Board must review all such matters and ensure that decisions of such kind are taken by the Board within the time frame. If such matters travel to Court next time after passing of this order, the Court must surely deal with the Chairman and the Secretary of the Board very firmly.

4. The decision with regard to Annexure-3/1 must be taken and communicated to the institution within a period of three months from the date of receipt/production of a copy of this order. (Ajay Kumar Tripathi, J.) SanjayKumar/- AFR/NAFR NAFR CAV DATE Uploading Date 11.07.2016 Transmission Date