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Patna High CourtCWJC/20708/2018disposed

National High School 2 v. The State Of Bihar And ORS

2018-10-29Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20708 of 2018 ====================================================== National High School +2, Sheikhana, Bihar Sharif, District-Nalanda-803 101 through its Secretary Md. Imtiyaz Alam son of Late Md. Ziaul Hassan, resident of Mohalla-Chajjoo, P.S.-Biharsharif, District Nalanda-803 101. ... ... Petitioner

Versus

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

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

3. The Director, Secondary Education, Government of Bihar, Patna.

4. The District Education Officer, Nalanda.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyabir Bharti Mr. Alok Chandra For the Respondent/s :

Mr. Prabhat Ranjan Singh, AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-10-2018 National High School +2, Sheikhana, Bihar Sharif has approached this Court seeking direction to the Director, Secondary Education, Government of Bihar, to approve appointment of 11 teachers, who, according to the petitioner, have been duly appointed as per the post sanctioned by the respondent State of Bihar in accordance with law. My attention has been drawn to the letter dated 27.03.2015, issued by the District Education Officer, Nalanda, whereby, in the light of the letter issued by the Director Secondary Education, Government of Bihar, dated 21.07.2014, has communicated sanction of post of teachers against various subjects. It is the case of the petitioner that the school is a

Patna High Court CWJC No.20708 of 2018(2) dt.29-10-2018 2/3 Muslim Minority School and has been declared so by the Department of Education, Government of Bihar. After the posts were sanctioned; after following due process of selection through advertisement, appointments have been made. It is also the petitioner's case that the District Education Officer, Nalanda, through letter dated 27.06.2015, addressed to the Director, Secondary Education, had sought approval of appointment of teachers against various posts as indicated in the said letter. Though the school had been approaching the State Government time and again for approval of appointment of the teachers, nothing has been communicated.

Considering the nature of the relief, which the petitioner is seeking, in the background of the facts as asserted in the writ application, I dispose of this writ application with a direction to the Director, Secondary Education, Government of Bihar to ensure that a decision is taken on the request of the District Education Officer, Nalanda, communicated through letter No. 276 dated 27.06.2015, within one week from the date of receipt/production of the copy of this order, if no decision has already been taken. If any decision has been taken in the meanwhile, the Director, Secondary Education, shall ensure that the same is communicated to the petitioner.

Patna High Court CWJC No.20708 of 2018(2) dt.29-10-2018 3/3 This application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/Ragini U