The Managing Committee Of Goshwami Laxmi Nath Harizan Middle School v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7416 of 2014 =========================================================== The Managing Committee of Goshwami Laxmi Nath Harizan Middle School, Bangaon, P.S- Bangaon, District- Saharsa through its Secretary, namely Bhola Ram Son of Late Madhuri Ram Resident of Bangaon, P.S- Bangaon, District- Saharsa. .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Director, Primary Education, Govt. of Bihar, Patna.

4. The District Magistrate, Saharsa.

5. The District Education Officer, Saharsa.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate Mr.Vijay Kumar 'Mukul', Advocate For the Respondent/s : Mr. Manoj KumarJha, AC to GP 26 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL JUDGMENT Date: 20-01-2015 ----------- Heard the parties.

In view of the nature of grievances raised on behalf of the petitioner in the present writ petition, this Court is of the opinion that the interest of justice shall be subserved if the petitioner is granted liberty to file a comprehensive representation with all supporting documents before the respondent no.3 raising all the points which have been raised in the present writ petition. It is ordered accordingly.

2. If such a comprehensive representation is filed on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the respondent no.3 either himself or any other competent authority of the respondent State shall be obliged to consider and decide the claim of the petitioner by a

Patna High Court CWJC No.7416 of 2014 dt.20-01-2015 2/2 reasoned and speaking order at an early date preferably within a period of three months from the date of filing of such representation by the petitioner.

3. If on consideration of the materials, the competent authority comes to a conclusion that the grievance raised in behalf petitioner is admissible to it, then consequential orders shall also be issued without any unnecessary further delay.

4. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner and this is left to be decided by the competent authority strictly in accordance with law.

5. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Tahir/- U