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Patna High CourtCWJC/19865/2016dismissed

Ashok Kumar And ORS v. The Principal Secretary, Human Resources Department, Govt. Of Bihar And ORS

2017-12-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19865 of 2016 ===========================================================

1. Ashok Kumar, Son of Raj Kishore Singh, Resident of Mohalla Kailashpuri, Dumra, P.S. Dumra, Distt. Sitamarhi.

2. Mani Kant, Son of Shaligram Singh, Resident of Village Bhorahan P.S. Sheyampur Bhatahan, District- Sheohar.

3. Vandana Kumari, D/o Krishna Kishore Singh, Resident of Village- Bhorahan, P.S. Sheyampur, Bhatahan, District- Sheohar.

4. Kumar Kaushalendra Singh, son of late Vishwanath Prasad Singh, Resident of Village- Shahbazpur, P.S. Sheyampur Bhatahan, District- Sheohar.

5. Sarita Kumari, D/o Arvind Sharma, Resident of Village- Bhorahan, P.S. Sheyampur Bhatahan, Distt. Sheohar.

6. Seema Kumari, D/o Satyendra Narayan Sharma Resident of Village- Jamalpur Shubhai, P.S. Hajipur Sadar, District- Vaishali.

7. King Kumar Gaurav, son of Ashok Kumar, Resident of Village- Baradih, P.S. Runisaidpur, District- Sitamarhi.

8. Lalbabu Singh, son of Subhans Singh, Resident of Village- Tilak Tajpur, P.S. Saidpur, District- Sitamarhi.

9. Ram Sanyog Pandey, Son of Hukumlal Pandey, Resident of Village- Gosaipur, P.S. Dumra, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

2. The Special Director (Sanskrit) Secondary Education , Govt. of Bihar, Patna.

3. The Joint Secretary, Department of Education, Govt. of Bihar, Patna.

4. The Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna through Secretary.

5. The Chairman, Bihar Sanskrit Shiksha Road, East Boring Canal Road, Patna.

6. The Secretary, Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna.

7. The District Education Officer, Sitamarhi.

8. The District Programme Officer, Sitamarhi. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Md. Anisur Rahman, Adv. For the Respondent/s : Mr. MADANJEET SINGH- GP-20 Mr. Rajeev Ranjan, A.C. to G.P.-20 For the B.S.S.B. : Mr. Satyam Shivam Sundram, Adv. Mr. Shashank Shekhar Jha, Adv.

=========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 06-12-2017 Heard the parties.

The petitioners claim to be teachers and non-teaching

Patna High Court CWJC No.19865 of 2016 dt.06-12-2017 2/2 employees of Smt. Ramsnehi Indira Sanskrit Prathmik-sah-Uchch Vidalaya, Dumra, Sitamarhi. They were appointed by the Managing Committee of the said School which is privately managed institution. This application has been filed seeking direction to the respondents to grant recognition to the said School since the School fulfills the requisite criteria for recognition. They have also sought for a direction to approve the services of the petitioners and release adequate fund out of sanctioned grant for payment of salary and other emoluments.

In my view, at the instance of petitioners who are teaching and non-teaching employees of privately managed institution, this writ application cannot be entertained. As a matter of fact, there is relationship of employer and employee as between the petitioners and the Managing Committee of the School. Only the Managing Committee can have grievance against the State of not considering the case of recognition.

I do not find any merit in this application, this application is accordingly dismissed.

(Chakradhari Sharan Singh, J) Vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date13.12.2017 Transmission Date NA