IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3380 of 2011 Nav Mithila Vikas Samiti through its General Secretary, Dhirendra Kumar Jha, son of late Upendra Nath Jha Vyas resident of Mohalla- Sri Bhawan, Boring Canal Road, Patna 800001 .......Petitioner Versus 1. The State Of Bihar 2. Sri Anup Mukherjee, I.A.S., Chief Secretary, Government of Bihar, Patna 3. Sri Anjani Kumar Singh, I.A.S., Principal Secretary, Human Resources Development department , Government of Bihar, Patna ...Opposite Parties ---------------------------------- 2 19-09-2011 We have been taken through the order of a Division Bench of this court contained in annexure-1 as well as the order of Apex Court contained in annexure-2. The Supreme Court noted that Maithili has been included as item no.10 in the 8th Schedule of the Constitution and, hence, declined to interfere with the order of this court contained in annexure-1. The order of Division Bench of this court dated 29-9-2002 shows in paragraphs 20 and 21 that this court relied upon Government orders which were available and held that the local authority is obliged to make arrangements for imparting instruction in appropriate medium or mother tongue of the children if their number is good only in a given school or class. The observations are not only in favour of Maithili whose cause has been espoused by 2 the petitioner but also in favour of other languages which may be spoken in the State as mother tongue. Having heard the parties and having considered the objections on behalf of the State that the matter is not fit to be pursued in contempt jurisdiction and the writ petition was preferred not by the petitioner but by another person representing another institution, we are of the considered view that no action is called for in contempt jurisdiction. This contempt petition is, therefore, disposed of with liberty to the petitioner that, if so advised, he may take help of the directions contained in annexure-1 and 2 to espouse the cause of Maithili by filing an independent writ petition on the basis of facts and figures now available with him. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)