Sharda Bhawan Sanskrit Uchcha Vidyalaya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15299 of 2015 Rajnikant Kumar Son of Shri Ram Kishore Sharma Resident of village - Uphara, P.S. Uphara, District - Aurangabad Kundan Pandey Son of Shri Sanjay Pandey Resident of village - Biraj Bigha, P.S. Amba, District - Aurangabad Both are presently Posted as an Assistant Teacher and Clerk respectively in Shree Rajendra Sanskrit High School, Manpur, Muffasil, Gaya The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna The Special Director, Secondary Education, Bihar, Patna The Bihar Sanskrit Education Board, Boring Canal Road, Patna through its Secretary The Chairman, Bihar Sanskrit Education Board, Boring Canal Road, Patna The District Education officer, Gaya The District Programme Officer, Gaya The Secretary of the Managing Committee of Shree Rajendra Sanskrit High School, Manpur, Muffasil, Gaya Civil Writ Jurisdiction Case No. 18235 of 2015 Suman Sharma D/o Late Yamuna Sharma, Presently Posted as an Asst. Teacher in Laxmi Sangved Sanskrit Primary Cum-High School, Jehanabad, P.S.+Distt- Jehanabad.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna The Special Director, Secondary Education, Bihar, Patna The Bihar Sanskrit Education Board, Boring Canal Road, Patna through its Secretary The Chairman, Bihar Sanskrit Education Board, Boring Canal Road, Patna The District Education Officer, Jehanabad The District Programme officer Establishment, Jehanabad The Secretary of the Managing Committee of Laxmi Sangved Sanskrit Primary Cum - High School, Manpur, Muffasil, Gaya

2/4 Civil Writ Jurisdiction Case No. 18299 of 2015 Gauri Shankar Sharma, Son of Late Ram Prasad Singh, Dr. Pooja, Daughter of Shree Sharuya Kumar, Ram Nivas Sharma, Son of Ram Ishwar Sharma, All are Asst. teachers in Sonamati Sanskrit High School Vishwambharpur, P.S.- Vikram, DistrictPatna. The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna The Special Director, Secondary Education, Bihar, Patna. The Bihar Sanskrit Education Board, Boring Canal Road, Patna through its Secretary.

The Chairman, Bihar Sanskrit Education Board, Boring Canal Road, Patna . The District Education Officer, Patna The District Programme Officer, (Establishment), Patna The Secretary of the Managing Committee of Sonamati Sanskrit High School, Vishwambharpur, Patna.

Civil Writ Jurisdiction Case No. 18272 of 2015 Niranjan Kumar, Son of Sri Devendra Sharma, resident of Village- Bhori, Police Station- Tekari, District- Gaya.

Satyendra Kumar, Son of Sri Sahjanand Sharma, resident of VillageGaniyari, Police Station- Kinjar, District- Jehanaba. Neeraj Kumar, Son of Sri Bharat Sharma, resident of Village- Vineka, Police Station- Dhanarua, District- Patna.

Radhekant Sharma, Son of Sri Virendra Sharma, resident of Mohalla- Raja Bazar, Police Station- Jehanabad Town, District- Jehanabad. Raj Kishore Prasad Singh, Son of Sant Prasad Singh, resident of VillageMen, Police Station- Belaganj, District- Gaya. The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna The Special Director, Secondary Education, Bihar, Patna. The Bihar Sanskrit Education Board, Boring Canal Road, Patna through its

3/4 Secretary.

The Chairman, Bihar Sanskrit Education Board, Boring Canal Road, Patna. The District Education Officer, Jahanabad.

The District Programme Officer, Establishment, Jehanabad. The Secretary of the Managing Committee of Laxmi Sangved Sanskrit Primary Cum- High School, Jehanabad Civil Writ Jurisdiction Case No. 17524 of 2018 Sharda Bhawan Sanskrit Uchcha Vidyalaya, Nawani through Nand Kumar Jha at present working as the Head Master of the School in question at Village- Nawani, P.S. Jhanjharpur, District- Muadhubani The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna The Principal Secretary, Department of Education, Government of Bihar, Patna.

The Joint Secretary, Education Department, Bihar, Patna. The Special Director, Secondary Education, Bihar, Patna. Bihar Sanskrit Shiksha Board, Patna through its Secretary. The Chairman, Bihar Sanskrit Shiksha Board, Patna. The District Education Officer, Madhubani.

8.

The District Programme Officer, Establishment, Madhubani. 9.

The Managing Committee of Sharda Bhawan Sanskrit Uchcha Vidyalaya, Nawani, Madhubani through its Secretary.

Appearance :

For the Petitioner/s :

Mr.Binod Kumar, Advocate Mr. Hemant Kumar Jha, Advocate For the Board :

Mr. Satyam Shivam Sundram, Advocate Mr. Shashank Shekhar Jha, Advocate Mr. Shahzad Hassan Khan, Advocate For the State :

Mr.Lalit Kishore, Advocate General Mr. Sushil Kumar, G.P. 22 Mr. Rakesh Ranjan, A.C. to G.P. 22 Mr. Kameshwar Kumar, G.P. 17 Mr. Rajesh Kumar, G.P. 9 Mr. Anjani Kumar, A.A.G. 6

4/4 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 27-03-2019 These five writ petitions relate to the claim of salary by such teachers who are appointed in Sanskrit Schools and who claim to have been recognized prior to 15.02.2011 and are amongst the 531 schools who were on the grant-in-aid list prior to the aforesaid date. These petitioners have also been deprived of the benefits to which they were entitled by the impugned resolution dated 31st August, 2013 which has already been quashed by us today to the extent indicated in our judgment in C.W.J.C. No. 985 of 2015 and, therefore, the petitioners would also be entitled to the same benefits on the same terms. These writ petitions are also allowed accordingly with consequential benefits.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) Jagdish/- U