Mamta Juli v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5179 of 2017 ========================================= Mamta Juli, S/o Sri Mahanand 'Bibhu', R/o Village + Post-Pithaura, P.S.-Narpatganj, District-Araria (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.
2. The Principal Secretary-Cum-Commissioner, Human Resource, Department, New Secretariat, Patna.
3. The Director of Primary Education, Human Resources Department, New Secretariat, Patna.
4. The Deputy Director, Primary Education, Human Resources Department, New Secretariat, Patna.
5. The District Magistrate, Araria.
6. The Deputy Development Commissioner, Araria
7. The District Education, Officer, Araria.
8. The Block Education Officer, Narpatganj, Araria. .... .... Respondent/s ========================================= Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the Respondent/s : Mr. Madanjeet Singh, GP-20 =========================================
CORAM:
HONOURABLE MR.
JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER Date: 17-01-2018 From the pleadings in the writ application, the relief, which has been sought, cannot be granted, since the
Patna High Court CWJC No.5179 of 2017 dt.17-01-2018 2/3 petitioner has not been able to refer to the specific scheme of the State Government under which the State Government is bound to take a decision to takeover the institutions.
2. In the counter affidavit, filed on behalf of the Block Education Officer, Narpatganj, Araria, the claim of the petitioner has been completely denied.
3. In the present facts and circumstances of the case, I dispose of the writ application with an observation that the petitioner shall be at liberty to bring to the notice of the competent authority, under the Education Department, Govt. of Bihar, the relevant schemes and provisions, under which the respondents are required to takeover the school in question and consider the claim of the individual teachers, under the said scheme. The Court expects such decision must be taken within three months from the date of filing of a representation by the petitioner along with the present order, if such representation is filed within fortnight from today.
4. The authorities concerned will also consider an order passed by this Court in case of Yoga Nand Jha & Ors. Vs. The State of Bihar & Ors. (C.W.J.C. No. 8245 of 2013) on the question of living allowance etc. and a Division Bench decision of this Court, in case of Ravi Shankar & Ors. Vs. The State of Bihar & Ors., reported in 2007 (Supp.) PLJR 337, if the said decisions are found to be applicable in
Patna High Court CWJC No.5179 of 2017 dt.17-01-2018 3/3 the petitioner's case.
5. This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19.01.2018 Transmission Date N/A