Harelal Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19760 of 2018 ====================================================== Harelal Rai Son of Late Tulsi Rai, resident of Village- Kanhauli Manohar Tole Baraitha, P.S. and P.O.- Baniapur, District- Saran. ... ... Petitioner/s

Versus

1.

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

2.

Director, Secondary Education, State of Bihar, Patna. 3.

District Magistrate, Saran.

4.

District Education Officer, Saran.

5.

Sachidanand Rai, President, M.D. High School, Kanhauli, P.O.- Baniyapur, District- Saran.

6.

Ramadhar Thakur Principal/Secretary, M.D. High School, Kanhauli, P.O.- Baniyapur, District- Saran.

7.

Vinay Kumar Singh, Assistant Clerk, M.D. High School, Kanhauli, P.O.- Baniyapur, District- Saran.

8.

Ram Kishore Thakur, M.D. High School, Kanhauli P.O.- Baniyapur, District- Saran.

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Respondent/s :

Mr.Smt.Shilpa Singh -Ga12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 03.10.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief/s: "(i) For issuance of a writ in the nature of mandamus

Patna High Court CWJC No.19760 of 2018(2) dt.06-01-2020 2/3 directing the respondents to not collect admission fees and registration fees arbitrarily from the students of M.D. High School, Kanhauli and teaching classes of the students be regularly conduct in the said school.

(ii) For issuance of any other appropriate writ/writs, direction/directions, order/orders as this Hon'ble Court may think fit and proper."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch.

Patna High Court CWJC No.19760 of 2018(2) dt.06-01-2020 3/3 The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) sujit/- U