Arya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16476 of 2021 ====================================================== 1.

Arya Kumari Daughter of Sri Chandra nath Mishra, Resident of Village Khabaspur, P.S.-Farbishganj, District-Araria. 2.

Saroj Kuamr Thakur Son of Sri Baleshwar Thakur, Resident of VillageBatmbari, P.O.-Pategna, P.S.-Araria, District-Araria. 3.

Vikramaditya Son of Bindu Kant Mishra Resident of Village-Ramai, P.O.- Farbishganj, P.S.-Farbishganj, District-Araria. 4.

Pawan Kumar Jha Son of Sri Binodanand Jha, Resident of Village-Itahi, P.O.-Haldhara Hat, P.S.-Kurshakanta, District-Araria. 5.

Mithilesh Kumar Jha Son of Sri Suresh Jha Resident of Village-Itahi, P.O.- Haldhara Hat, P.S.-Kurshakanta, District-Araria. ... ... Petitioner/s

Versus

1.

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

2.

The Special Director, Secondary Education (In-Charge Sanskrit), New Secretariat, Patna.

3.

The Bihar Sanskrit Shiksha Board through its Secretary, off Polo Road, Patna.

4.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. 5.

The Managing Committee through its Secretary, Brahmi Binod Sanskrit High School, Doria, P.S.-Kurshakanta, District-Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikash Kumar Jha, Advocate For the Respondent/s :

Mrs. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2025 Heard Mr. Vikash Kumar Jha, learned counsel appearing on behalf of the petitioners and Ms. Binita Singh, learned SC 28 for the State.

2. Petitioners have inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-

3. The petitioners in paragraph no. 1 of the present writ petition has sought inter alia the following relief(s), which is reproduced hereinafter:-

Patna High Court CWJC No.16476 of 2021(4) dt.26-06-2025 2/2 "(i) For issuance of a writ in the nature of a writ of mandamus directing and commanding the respondent No.3 and 4 to grant approval to the appointment of the petitioners duly made by the approved Managing Committee of the school on the sanctioned vacant post of Assistant Teachers as required under the provisions as contained under Section 8(2) of the Bihar State Non Government Recognized Sanskrit School Teachers Service Condition Rules2015, which has been duly recommended by the Secretary/headmaster of the school as required under Rule 5 to 8 of the aforesaid 2015 Rules.

(ii)For issuance of any other consequential writ / order / direction to the respondents for payment of their salary for which the petitioners are found to be entitled to under the facts and circumstances of the case"

4. At the outset, learned counsel appearing on behalf of the petitioners seeks to avail the remedy of appeal prescribed under section 24 of the Bihar Sanskrit Sikhsha Board Act before the Special Secretary, Secondary Education (Sanskrit) Education Department, Government of Bihar, for the relief(s), as prayed for in the present writ petition.

5. The appeal of the petitioners shall be disposed of by the Special Secretary within the statutory period in accordance with law.

6. The writ petition is, accordingly, disposed of. Sanjay/- (Purnendu Singh, J) U