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Patna High CourtMJC/1325/2017disposed

Ramanuj Sanskrit Uchcha Vidyalaya, Ara, Bhojpur, Through Its Assistant Om Prakash Mishra v. The State Of Bihar Through The Principal Secretary, Department Of Education, Govt. Of Bihar, Patna

2019-09-26Mr. Justice Ahsanuddin Amanullah4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1322 of 2017 Arising out of Civil Writ Jurisdiction Case No.6742 of 2016 ====================================================== Ramdeo Sanskrit Prathmik Vidyalaya, Barhara, Ara through its Assistant Teacher Smt. Bimla Tripathi W/o Shri Prem Narayan Tripathi, Resident of Mohalla- New Area Sheoganj, P.S.- Ara, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Principal Secretary, Department Of Education, Govt. Of Bihar, Patna Bihar.

2.

R.K. Mahajan, The Principal Secretary, Department of Education, Goverment of Bihar, Patna. Bihar.

3.

P. N. Mishra, Special Director, Sanskrit Department of Education Government of Bihar, Patna. Bihar.

4.

P.N. Mishra, The Chairman, B.S. Shiksha Board, Patna, Bihar. Bihar. 5.

Milind Kumar Sinha, The Secretary, B.S. Shiksha Board, Patna. 6.

District Magistrate, Bhojpur, Ara.

... ... Opposite Party/s ====================================================== With Miscellaneous Jurisdiction Case No. 1324 of 2017 Arising out of Civil Writ Jurisdiction Case No.6567 of 2016 ====================================================== Sidhnath Shanker Sanskrit Prathmik Vidyalaya, Sheoganj, At Ara Through Its Acting Head Master Tribh Son of Late Nandlal Tiwary, Resident of VillageBabhnauli, P.S.- Ara Sadar, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Principal Secretary, Department Of Education, Govt. Of Bihar, Patna 2.

R.K. Mahajan, The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

P.N. Mishra, Special Director, Sanskrit Department of Education, Government of Bihar, Patna.

4.

P.N. Mishra, The Chairman, B.S. Sjiksha Board, Patna, Bihar. 5.

Milind Kumar Sinha, The Secretary, B.S. Shiksha Board, Patna. 6.

District Magistrate, Bhojpur, Ara.

... ... Opposite Party/s

2/4 ====================================================== With Miscellaneous Jurisdiction Case No. 1325 of 2017 Arising out of Civil Writ Jurisdiction Case No.6631 of 2016 ====================================================== Ramanuj Sanskrit Uchcha Vidyalaya, Ara, Bhojpur, Through Its Assistant Om Prakash Mishra S/o Late Om Prakash Mishra, Resident of MohallaMohanpur, P.S.- Nawada, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Principal Secretary, Department Of Education, Govt. Of Bihar, Patna 2.

R.K. Mahajan, The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

P.N. Mishra, Special Director, Sanskrit Department of Education, Government of Bihar, Patna.

4.

P.N. Mishra, The Chairman, B.S. Shiksha Board, Patna, Bihar. 5.

Milind Kumar Sinha, The Secretary, B.S. Shiksha Board, Patna. 6.

District Magistrate, Bhojpur, Ara.

... ... Opposite Party/s ====================================================== Appearance :

(In Miscellaneous Jurisdiction Case No. 1322 of 2017) For the Petitioner/s :

Mr. Hemant Kumar Jha, Advocate For the State :

Mr. Shashi Shekhar Tiwary, AC to AAG 15 For the Board :

Mr. S. S. Sundaram with Mr. Shashank Shekhar Jha, Advocates (In Miscellaneous Jurisdiction Case No. 1324 of 2017) For the Petitioner/s :

Mr. Hemant Kumar Jha, Advocate For the State :

Mr. Shashi Shekhar Tiwary, AC to AAG 15 For the Board :

Mr. S. S. Sundaram with Mr. Shashank Shekhar Jha, Advocates (In Miscellaneous Jurisdiction Case No. 1325 of 2017) For the Petitioner/s :

Mr. Hemant Kumar Jha, Advocate For the State :

Mr. Shashi Shekhar Tiwary, AC to AAG 15 For the Board :

Mr. S. S. Sundaram with Mr. Shashank Shekhar Jha, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 26-09-2019

3/4 Heard learned counsel for the petitioners; learned AC to AAG 15 for the State and Mr. Satyam Shivam Sundaran, learned counsel for the Bihar Sanskrit Shiksha Board (hereinafter referred to as the 'Board').

2. In terms of order dated 04.09.2019, show cause has been filed on behalf of the District Magistrate, Bhojpur in all the three cases bringing on record the report sent by him to the Board.

3. Learned counsel for the Board submitted that upon receipt of the same, in the meeting of the Board held yesterday, a decision was taken and because the existence of the School was doubtful, the prayer for recognition has been rejected. He submitted that the communication of the decision could not be brought on record due to paucity of time.

4. Having regard to the aforesaid, the Court finds that the orders of the Court dated 19.11.2016 passed in CWJC No. 6742 of 2016; CWJC No. 6567 of 2016 and CWJC No. 6631 of 2016 have been complied with.

5. Accordingly, the applications stand disposed off.

6. However, learned counsel for the Board shall serve copy of the order passed in the matters by the Board yesterday to learned counsel for the petitioners latest within one week from today.

4/4

7. It shall be open to the petitioners to move before the appropriate forum, in accordance with law, against such decision of the Board dated 25.09.2019.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U