Ashok Kumar Singh And ORS v. The State Of Bihar Through Chief Secretary Mr. Deepak Kumar, Govt. Of Bihar, Old Secretariat, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3736 of 2018 In Civil Writ Jurisdiction Case No.13355 of 2017 1.

Ashok Kumar Singh, Son of Late Janak Singh, Resident of Village and P.O Dumari Ada, P.S.- Doriganj, District Saran at chhapra, retired Headmaster of Gagandeo Narayan Singh High School, Dhanaura, P.O. Kothia, P.S. Autarnagar, District- Saran.

2.

Jitendra Narayan Singh, Son of Sri Mangal Prasad Singh, Resident of village and P.O. Pokhraira, P.S. Taraiya, District- Saran at Chhapra, Presently posted as a Clerk in Prabhunath Jamadar High School Pokharaira, Anchal Taraiya, District- Saran.

3.

Alok Kumar, Son of Sri Subhash Pandey, resident of Village and P.O. Puchhari, P.S. Baniapur, District- Saran at Chhapra, presently posted as an Assistant Teacher in Pyaro Devi High School, Dumari, Anchal Khaira, District- Saran.

4.

Ali Azam Ansari, Son of Mahmood Ansari, Residing at Khaira, P.O. and P.S.- Khaira, District Saran at Chhapra, presently working as an Assistant Teacher Dr. Saiyad Mahmod Memorial Girls High School, Mahmood Chak Chhapra, Anchal Sadar, District- Saran.

5.

Chandra Mohan Singh, Son of Late Vishwanath Singh, resident of Village and P.O.- Rasalpura, P.S. Doriganj, District- Saran at Chhapra, presently working as Headmaster in High School Dumari Ada, Anchal Sadar, DistrictSaran. 6.

Pramod Kumar, Son of Badri Das, resident of Village and P.O. Kharika, P.S. Sonpur, District- Sarana at Chhapra, Presently working as an Assistant Teacher in Ram Sunder Das Girls High School, Kharika Anchal Sonpur, District Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary Mr. Deepak Kumar, Govt. of Bihar, Old Secretariat, Patna 2.

Mr. R.K. Mahajan, the Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna 3.

Mr. Rajeev Ranjan Prasad Singh, the Director, Secondary Education, Govt. of Bihar, Budh Marg, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Priyadarshi Matri Sharan, AC to AAG- 15 Mr. Sudhanshu Trivedi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-10-2023 Heard Mr. Sunil Kumar Singh, learned counsel

Patna High Court MJC No.3736 of 2018(8) dt.07-10-2023 2/3 appearing on behalf of the petitioners and the learned counsel for the State.

2. The present application has been filed seeking initiation of contempt proceeding against the opposite parties for their alleged willful defiance of the order dated 20.04.2018 passed by a Bench of this Court in C.W.J.C. No. 13355 of 2017 whereby taking note of the judgment rendered by the Apex Court direction has been given to the respondents-opposite parties to distribute the fund under the Bit Rahit Shiksha Niti on uniform basis without following pick and choose.

3. It has been made clear that in case the other institutions have been granted the benefit of allocation of fund based on performance of the students of the institution, the State-authorities are required to provide fund to all such institutions and adopt uniform standard.

4. Show-cause affidavits have been filed on behalf of the opposite parties no. 2 and 3 and averments have been made that in compliance of the order of this Court a sum of Rs.3,44,15,91,600/- has been sanctioned vide Memo No. 83, dated 13.12.2018, issued under the signature of Deputy Secretary, Education Department, Government of Bihar, Patna and further direction has been given to all the Secretaries,

Patna High Court MJC No.3736 of 2018(8) dt.07-10-2023 3/3 Principals, Headmasters of Non-government recognized aided High School and +2 Schools to ensure payment of grants-in-aid in due proportion on pro rata basis vide letter dated 08.01.2019.

5. It is, thus, submitted that now the distribution of the fund has already been ensured amongst the aforenoted institutions and thus he submitted that the order of this Court has already been complied with.

6. At this stage, learned counsel for the petitioners submits that discrimination has been caused in the distribution of the fund under Bit Rahit Shiksha Niti.

7. In view of the submissions made on behalf of the parties, the present contempt petition stands disposed of.

8. It is needless to observe that if the petitioners have any grievance with regard to the distribution of the fund that gives a fresh cause of action to approach the appropriate authority/forum.

(Harish Kumar, J) uday/- U