IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.11254 OF 2007 1.ABDUL HAKIM KHAN, S/O ABDUL RAJAAQUE KHAN, R/O VILLAGE KHALURY, POST KENARCHATTI, P.S WAZIRGANJ, DISTRICT GAYA. 2.NASHAD AHMAD, S/O LATE DAHU KHAN, R/O VILLAGE HARLA, POST MIRJAPUR, P.S MESKAUR, VIA TUNGI, DISTRICT NAWADA. 3. IDRISH AHMAD KHAN, S/O LATE KABIR KHAN, R/O VILLAGE HARLA, POST MIRJAPUR, P.S MESKAUR, VIA TUNGI DISTRICT NAWADA. 4.MD. MOIN KHAN, S/O LATE MAJID KAHN, R/O VILLAGE HARLA, POST MIRJAPUR, P.S MESKAUR, VIA TUNGI DISTRICT NAWADA. 5.MD. KHALIL, S/O LATE KARIM KHAN, R/O VILLAE TILORA TOLA CHAINBIGHA, POST MIRJAPUR, P.S MESKAUR, VIA TUNGI DISTRICT NAWADA. 6.ABDUR RAISH KHAN, S/O LATE MD. BAMSHA KHAN, R/O VILLAGE KHAJURY, POST KENARCHATTI, P.S WAZIRGANJ, DISTRICT GAYA. 7.MD. IDRISH KHAN, S/O LATE DAHU KHAN, R/O VILLAGE HARLA, POST MIRJAPUR, VIA TUNGI, P.S MESKAUR, DISTRICT NAWADA. 8.MD. ISHAQUE KHAN, S/O LATE NATHO KHAN, R/O VILLAGE PAWAI TOLA DIMRAPUR, POST MIJRJAPUR, VIA TUNGI P.S MESKAUR, DISTRICT NAWADA. 9.PAWAN KUMAR JHA, S/O KALIKANT JHA, R/O VILLAGE SISWA, P.S SISWA, POST YAMSAM, DISTRICT MADHUBANI. 10.SANJAY KUMAR, S/O RAJENDRA KUMAR MURYA, R/O VILLAGE DAKHINGAON, POST AND P.S WAZIRGANJ, DISTRICT GAYA. 11.RANJEET KUMAR, S/O LATE HARIHAR PRASAD, R/O VILLAGE SOWA, P.O SOWA, P.S WAZIRGANJ, DISTRICT GAYA. 12.MD. RIJWAN KHAN, S/O MD. ABDUL RAISH KHAN, R/O VILLAGE KHAJURY, P.O. KENARCHATTI, P.S WAZIRGANJ, DISTRICT GAYA. 13.DEEPAK KUMAR, S/O PREM KUMAR, R/O FLAT NO. 2C, BLOCK NO. A SHISH MAHAL APARTMENT BAHADURPUR GUMTI, P.S KADAMKUAN, DISTRICT PATNA 16. 14.MOJAFAR HASAN KHAN, S/O ABDUL GAIN KHAN, R/O VILLAGE KHAJURY, P.O. KENARCHATTI, PS.WAZIRGANJ, DISTRICT GAYA. ………………………RESPONDENTS. 2 VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER CUM SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA. 3.THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA. 4.THE SPECIAL SECRETARY, DEPARTMENT OF PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 5.THE DEPUTY DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA. 6.THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, MAGADH RANGE, GAYA. 7. THE DISTRICT EDUCATION OFFICER, GAYA. 8. THE DISTRICT SUPERINTENDENT OF EDUCATION,GAYA. 9.THE AREA EDUCATION OFFICER, WAZIRGANJ,GAYA. 10.THE SECRETARY BHARAT SCOUT AND GUIDE, GAYA. 11.THE SECRETARY, MINORITY COMMISSION HOME(SPECIAL) DEPARTMENT,GOVT. OF BIHAR, PATNA. ………………………RESPONDENTS. ----------- 04/ 23.11.2011 After some arguments, learned counsel for the petitioner frankly concedes that the prayer made in this writ application reading as follows:- “(A) For the issuance of writ in the nature of mandamus commanding the respondents for the following:- (i) To hold that the petitioners lawfully working in Haider Ali Urdu Madhya Vidyalaya Khajury, Prakhand, Wazirganj, Gaya recognized and established before 01.01.1971 are entitled to get salary at par with employees of Government schools pursuant to the decision of the Government contained in Education Department Resolution No. 763 dated 09.02.1973, Annexure- 3. (ii) To hold that the petitioners lawfully working in the 3 said school were/are entitled to receive salary in terms of recommendation of KOTHARI COMMISSION made in the year 1968 and the Government of Bihar was/is bound to abide by the recommendation KOTHARI COMMISSION appointed by the Government of India who had to examine the service condition of the teachers with object of improving the standard of education in the country and commission inter-alia recommended the scale of pay of teachers working under different management such as Government, Local Bodies, Private managed Minority Schools, should be the same and all the states in the country including Government of Bihar had agreed to implement the recommendation of Kothari Commission. (iii) To hold that the petitioners are entitle to get salary in the pretext that when the State Government grants recognition to the instant education institution it creates an agency to fulfill the obligation and objective set forth in Article 21A of the constitution of India. (iv) To hold that the petitioners lawfully working in the said school recognized and established before 01.01.1971 are entitled to receive pay, dearness allowance, grants in aid in the strength of Government letter No. G/M7-036/76 Shi 1106 dated 25.03.1976 issued under of the Sri Bhaskar Bnerji the special Secretary Primary Education, Government of Bihar and soon after Bihar Non Government Elementary Schools (taken over of control) Act 1976 came in operation with effect from 06.02.1976(Annexure-4). (B) For direction to the respondents to implement and enforce the rights and benefits accorded to the petitioner by the issuance of several notifications/ resolution time and again. 4 (C) For direction to the respondents to release the budgetary allocation/allotment forth with for the payment of salary/grants in aid to the teaching and non teaching employees of the schools in question. (D) For further direction to the respondents to any other reliefs for which petitioners found entitled to.” would become admissible to them only when the School of the petitioners will be recognized by the State Government as minority institution along with a specific condition for extending financial assistance for payment of salary to its teachers. In that view of the matter, these writ applications for the prayer made herein are held to be premature and accordingly, disposed of with a liberty to the petitioners to institute appropriate proceedings before the competent Authority/Court for declaration and recognition of the school as a minority institution. Ranjan (Mihir Kumar Jha, J.)