IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1727 of 2009 ====================================================== Sarswati Bhawan Jai Kant Madhyamik Sanskrit Vidyalaya, Chikna, through its Head Master, Hrishikesh Jha, s/o Shri Sita Ram Jha, r/o Village Chikna, Police Station Ghoghardiha, District Madhubani. ---------- Petitioner Versus 1. The State of Bihar, through the Principal Secretary, Department of Human Resource Development, Government of Bihar, Patna. 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. Special Director (Sanskrit) Secondary, Primary and Adult Education Department, Government of Bihar, Patna. 4. The Chairman, Bihar Sanskrit Shiksha Board, Patna. 5. The Secretary, Bihar Sanskrit Shiksha Board, Patna. ---------- Respondents ====================================================== with Civil Writ Jurisdiction Case No.3359 of 2009 ====================================================== Godawari Ram Sevak Sanskrit Uchch Vidyalaya, Panch Ratna, P.O. Ghorbanki, Dist. Madhubani through its Incharge Headmaster Ram Kumar Chaudhary. .... .... Petitioner Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Secondary Education, Human Resources Development Department, Government of Bihar, Patna. 4. The Deputy Secretary to Government, Human Resources Development Department, Government of Bihar, Patna. 5. Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna through its Chairman. 6. The Chairman, Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna. 7. The Secretary, Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.1615 of 2009 ====================================================== Chandra Shekhar Sanskrit Prathmik Sah Madhya Vidyalaya Lorhi, Sahsarai, Nalanda through its Assistant Teacher Rameshwar Prasad, s/o Late Hittan Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 2 Mahto, r/o Village Niyamat Nagar, Police Station Shilav, District Nalanda. .... .... Petitioner Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Principal Secretary, Human Resources Development Department, Bihar, Patna. 3. The Director Secondary Education, Government Of Bihar, Patna. 4. The Chairman, Bihar Sanskrit Shiksha Board, Patna. 5. The Secretary, Bihar Sanskrit Shiksha Board, Patna. .... .... Respondent ====================================================== with Civil Writ Jurisdiction Case No.1670 of 2009 ====================================================== Kankali Sanskrit Madhyamik Vidalaya, Bhaur, Madhubani, through its Acting Head Master Dinesh Jha, s/o Shri Hare Kant Jha, r/o Village Bithuar Police Station Pandaul, District Madhubani. .... .... Petitioner Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. Special Director (Sanskrit) Secondary, Primary and Adult Education Department, Government of Bihar, Patna. 4. The Chairman, Bihar Sanskrit Shiksha Board, Patna. 5. The Secretary, Bihar Sanskrit Shiksha Board, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.1709 of 2009 ====================================================== Bihar Sanskrit Uchch Vidyalaya, Madhuria, Biharsharif, Nalanda through its Acting Head Master Sunil Dutta Pandey, s/o Late Mahabir Pandey, r/o Village Maniama, Police Station Deep Nagar, District Nalanda. .... .... Petitioner VERSUS 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Principal Secretary, Human Resources Development Department, Bihar, Patna. 3. The Director, Secondary Education, Government of Bihar, Patna. 4. The Chairman, Bihar Sanskrit Shiksha Board, Patna. 5. The Secretary, Bihar Sanskrit Shiksha Board, Patna. 6. The Deputy Secretary to the Government, Human Resources Development Department, Government of Bihar, Patna. .... .... Respondents ====================================================== Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 3 with Civil Writ Jurisdiction Case No.2690 of 2009 ====================================================== Ugratara Sanskrit Uchcha Vidyalaya, Gandhwari through the Acting Headmaster Kamlesh Jha, son of late Gunanand Jha, resident of village Hirani, P.S. Kusheshwarsthan, District Darbhanga .... .... Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. The Deputy Secretary to the Government, Human Resources Development Department, Govt. of Bihar, Patna 4. Special Director (Sanskrit) Secondary, Primary and Adult Education Department, Govt. of Bihar, Patna 5. The Chairman, Bihar Sanskrit Shiksha Board, Patna 6. The Secretary, Bihar Sanskrit Shiksha Board, Patna .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.4242 of 2009 ====================================================== Babu Nandan Sanskrit Prathmik Sah Madhya Vidyalaya, Dhanauja, through Acting Headmaster Parmanand Thakur, son of late Lakhan Lal Thakur, resident of village Shishwar, P.S. Phulparas, District Madhubani .... .... Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Department of Human Resources Development 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. Special Director (Sanskrit) Secondary, Primary and Adult Education Department, Govt. of Bihar, Patna 4. The Deputy Secretary to the Government, Human Resources Development Department, Govt. of Bihar, Patna 5. The Chairman, Bihar Sanskrit Shiksha Board, Patna 6. The Secretary, Bihar Sanskrit Shiksha Board, Patna .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.1921 of 2009 ====================================================== 1. Shyama Bhawan Madhyamik Sanskrit Vidyalaya, Uchhati, P.S. Biraul, District Darbhanga through its Incharge Headmaster, Mahendra Jha, son of Late Dahaur Jha, resident of village Samna, P.S. Warisnagar, District Samastipur 2. Madhu Sudan Sanskrit Madhyamik Vidyalaya, Madhu Sudan Nagar, P.O. Baghdumba District Banka through its Incharge Headmaster Keshav Prasad Singh, son of late Deo Narayan Singh, resident of village Jogdiha, P.O. Sonedih Babhangama, P.S. Gharaiya, District Banka 3. Maharani Lakshmeshwari Sanskrit Uchcha Vidyalaya, Lakshmipur Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 4 Anandpur, District Darbhanga through its Incharge Headmaster, Kashi Naresh Jha, son of late Ram Shankar Jha, resident of village Sahora, P.O. Anandpur, P.S. Ashok Paper Mill, District Darbhanga 4. Maithili Vidyapith, Sanskrit Uchcha Vidyalaya, Chhapki, P.S. Sadar, District Darbhanga, through Incharge Headmaster Chandra Kant Jha 5. Shree Gauri Shankar Middle School, Baikunthpur, Patna through its Headmater, Gulab Jha, son of late Jagdish Jha, resident of village and P.O. Bardaha, P.S. Babubarhi, District Madhubani 6. Sharda Sadan Sanskrit Primary cum Muddle School, Kayastha Kawai, P.S. Manigachhi, District Darbhanga through its Incharge Headmaster, Naresh Kumar Jha son of late Satya Narayan Jha, resident of village Kayastha Kawai, P.S. Manigachhi District Darbhanga .... .... Petitioners Versus 1. The State Of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. The Director, Secondary Education, Human Resources Development Department, Govt. of Bihar, Patna 4. The Deputy Secretary to Government, Human Resources Development Department, Govt. of Bihar, Patna 5. Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna through its Chairman 6. The Chairman, Bihar Sanskrit Shiksha Board, East Boring Road, Patna 7. The Secretary Bihar Sanskrit Shiksha Board, East Boring Road, Patna .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2198 of 2009 ====================================================== 1. Saraswati Bhawan Sanskrit Madhyamick Vidyalaya Sugauna through its Acting Headmaster Narayan Jha, son of late Rajeshwar Jha, resident of village Sugauna, P.S. Rajnagar, District Madhubani 2. Brahmarshi Prathmik Sah Madhya Sanskrit Vidyalaya, Panchratna, through its Acting Headmaster Vishwanath Mishra, son of late Mukti Nath Mishra, resident of village Nahar, P.S. Pandaul, District Madhubani 3. Prabhavati Prathmik Sah Madhya Sanskrit VidyalayaRaiyam, through its Acting Headmaster Shivkant Jha, son of late Yugeshwar Jha, resident of village Raiyan, P.s. Bhairavsthan, District Madhubani 4. Jawahar Prathmik Sah Madhya Vidyalaya, Rasidpur through its Acting Headmater, Dilip Kumar Jha, son of Jagarnath Jha, resident of village Rashidpur, P.S. Khajauli, District Madhubani 5. Vidyawati Brahmacharyashram Sanskrit Uchch Vidyalaya, Karmauli through its Acting Headmaster Jai Chandra Jha, son of late Mahanth Jha, resident of village Karmauli, P.s. Khajuli, District Madhubani 6. Annapurna Sanskrit Prathmik Sah Madhya Vidyalaya, Bishnupur through its Headmaster Santi Nath Mishra son of late Shivnath Mishra resident of village Bishupur, P.S. Arer, District Madhubani 7. Swarup Sanskrit Prathmik Sah Madhya Vidyalaya, Nandan Dhakjari, Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 5 through its Headmaster, Karpur Thakur, son of late Bilat Ihakur, resident of village Andhra Tharhi, P.S. Andhratharhi, District Madhubani 8. Yog Purnima Janki Bhawan Sanskrit Uchcha Vidyalaya Satchara through its Acting Headmaster Shyamjee Jha, son of Rajendra Jha, resident of village Mangrauhi, P.S. Rajnagar, District Madhubani 9. Sanskrit Uchcha Vidyalaya, Pilakhwar, through its Headmaster Bhav Nath Mishra, son of late Kalanand Mishra, resident of village Pilakhwar, P.S. Rajnagar, District Madhubani 10. Hari Ballav Sanskrit Prathmik Sah Madhya Vidyalaya, Belha through its Headmaster Harish Chandra Jha, son of late Bishnu Kant Jha, resident of village Sijaulia, P.S. Phulparas, District Madhubani 11. Jatadhari Sanskrit Prathmik Sah Madhya Vidyalaya Kharrak through its Acting Headmater Indra Kant Jha, son of late Ram Lakhan Jha, resident of village Rahua Sangran, P.S. Bheja, District Madhubani .... .... Petitioners Versus 1. The State Of Bihar through the Commissioner cum Secretary, Department of Secondary, Primary and Adult Education, Govt. of Bihar, Patna 2. The Secretary, Secondary, Primary and Adult Education Department, Govt. of Bihar, Patna 3. Special Director (Sanskrit), Secondary, Primary and Adult Education Department, Govt. of Bihar, Patna 4. The Chairman, Bihar Sanskrit Shiksha Board, Patna 5. The Secretary, Bihar Sanskrit Shiksha Board, Patna 6. The Deputy Secretary to the Government, Human Resources Development Department, Govt. of Bihar, Patna .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2202 of 2009 ====================================================== 1. Sanskrit Uchcha Vidyalaya, Madneshwar Sthan, through its Headmaster, Shyamatar Jha 2. Sanskrit Madhya Vidyalaya, Pastan, through its Headmaster Vidya Nand Jha Both sons of late Raghunath Jha, resident of village Pastan, P.S. Andhra Tharhi, District Madhubani .... .... Petitioners Versus 1. The State Of Bihar through the Principal Secretary, Department of Human Resources Development, Govt. of Bihar, Patna 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. Special Director (Sanskrit), Secondary, Primary and Adult Education Department, Govt. of Bihar, Patna 4. The Deputy Secretary to the Government, Human Resource Development Department, Govt. of Bihar, Patna 5. The Chairman, Bihar Sanskrit Shiksha Board, Patna 6. The Secretary, Bihar Sanskrit Shiksha Board, Patna Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 6 .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2259 of 2009 ====================================================== 1. Bhairavi Bhairveshwar Sanskrit Uchcha Vidyalaya, Jhanjharpur through its Acting Headmaster, Kula Nand Choudhary, son of Sri Satya Narayan Choudhary, resident of village Nanaur, P.S. Rudrapur (Jhanjharpur), District Madhubani 2. Parmeshwari Sanskrit Uchcha Vidyalaya, Tharhi, through its Headmaster Jai Ram Jha, son of late Karpur Jha, resident of village Tharhi, P.S. Andhratharhi, District Madhubani 3. Radha Krishna Sanskrit Prathmik Sah Madhya Vidyalaya, Lakhnaur through its Acting Headmaster Phool Kumar, son of late Pradyumn Kumar, resident of village Lakhnaur, P.S. Lakhnaur, District Madhubani 4. Bhairavi Bhawan Sanskrit Prathmik Vidyalaya, Satlakha, through its Acting Headmaster Uma Nand Jha, son of late Ram Krishna Jha, resident of village Simri, P.S. Bisti, District Madhubani 5. Bhawani Bhawan Sanskrit Uchcha Vidyalaya, Gonauli, through its Acting Headmaster Babu Saheb Jha, son of Sri Radha Kant Jha, resident of village Daya Kharwari, P.S. Lakhnaur, District Madhubani .... .... Petitioners Versus 1. The State Of Bihar through the Principal Secretary, Department of Human Resources Development, Govt. of Bihar, Patna 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. Special Director (Sanskrit) Secondary, Primary and Adult Education Department, Govt. of Bihar, Patna 4. The Deputy Secretary to the Government, Human Resources Development Department, Govt. of Bihar, Patna 5. The Chairman, Bihar Sanskrit Shiksha Board, Patna 6. The Secretary, Bihar Sanskrit Shiksha Board, Patna .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2291 of 2009 ====================================================== 1. Sarvodaya Darbari Sanskrit Prathmik Sah Uchcha Vidyalaya, Laufa, Madhubani, through its Acting Headmaster Sashidhar Mishra, son of late Maharndra Mishra, resident of village Jai Jai path, P.S. Ghanshyampur District Darbhanga 2. Kameshwar Lal Sanskrit Uchcha Vidyalaya, Ghoghardiha, Madhubani, through its Acting Headmaster Narayan Jha, son of late Baleshwar Jha, resident of village Ghoghardiha, P.S. Ghoghardiha, District Madhubani 3. Ajab Lal Sarvajanik Uchcha Vidyalaya, Mansapur Madhubani, through its Headmaster Jeev Nath Jha, son of late Gaj Narayan Jha, resident of village Mausapur, P.S. Laukhi District Madhubani 4. Shiv Sanskrit Prathmik Sah Madhya Vidyalaya, Mansapur, Madhubani through its Acting Headmaster Neera Nand Jha, son of late Ram Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 7 Narayan Jha, resident of village Mausapur, P.S. Laukhi District Madhubani 5. Kusheshwar Pushpamaya Parasmani Sanskrit Madhyamik Vidyalaya, Rahua Sangram, Madhubani, through its Acting Headmaster Mahesh Jha, son of late Hari bausi Jha resident of village Nawada, P.S. Bahera District Darbhanga .... .... Petitioners Versus 1. The State Of Bihar through the Principal Secretary, Department of Human Resources Development, Govt. of Bihar, Patna 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. Special Director (Sanskrit) Secondary, Primary and Adult Education Department, Govt. of Bihar, Patna 4. The Deputy Secretary to the Government, Human Resources Development Department, Govt. of Bihar, Patna 5. The Chairman, Bihar Sanskrit Shiksha Board, Patna 6. The Secretary, Bihar Sanskrit Shiksha Board, Patna .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.19987 of 2011 ====================================================== Deodhira Sanskrit Uchcha Vidyalaya, Deep, Madhubani Through Its Headmaster Sri Kedar Nath Jha Son Of Late Lekh Nath Jha Resident Of Village & Post-Deep, Via-Jhanjharpur, P.S.-Madhepur, Block-Lakhnaur, District-Madhubani (Bihar). .... .... Petitioner Versus 1. The State Of Bihar Through The Commissioner Cum Secretary, Department Of Secondary, Primary And Adult Education, Govt. Of Bihar, Patna. 2. The Secretary, Secondary, Primary And Adult Education, Govt. Of Bihar, Patna. 3. The Deputy Secretary, Human Resources Development Department, Govt. Of Bihar, Patna. 4. The Special Director (Sanskrit) Secondary, Primary And Adult Education Department, Govt. Of Bihar, Patna. 5. The Chairman, Bihar Sanskrit Shiksha Board, Patna. 6. The Secretary Bihar Sanskrit Shiksha Board, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2697 of 2009 ================================================ SANSKRIT UCHCH VIDYALAY,PARJUAR, P.S. Arer, District Madhubani, through its Headmaster, namely, Harsh Narayan Jha, son Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 8 of late Kameshwar Jha, resident of village Parjuar, P.S. Arer, District Madhubani … Petitioner Versus 1. THE STATE OF BIHAR through the Principal Secretary, Department of Human Resources Development, Govt. of Bihar, Patna. 2. The Deputy Secretary, Human Resource Development Department, Govt. of Bihar, Patna. 3. The Special Director (Sanskrit) Secondary, Primary and Adult Education Department, Govt. of Bihar, Patna. 4. The Chairman, Bihar Sanskrit Shiksha Board, Patna. 5. The Secretary, Bihar Sanskrit Shiksha Board, Patna. … Respondents ================================================= Appearance : (In CWJC No.1727 of 2009) For the Petitioner/s : Mr. Hemant Kumar Jha For the Respondent/s : Mr. (SC-7) Mr. Tej Bahadur Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30 10-04-2012 In all these writ applications which have been heard together, the petitioner schools, have assailed the order dated 15.6.2002 passed by the Chairman of the Bihar Sanskrit Shiksha Board (hereinafter referred to as „the Board‟) as also the order dated 21.7.2008 passed by the State Government whereby and whereunder the aforementioned order of the Chairman of the Sanskrit Shiksha Board as with regard to the cancellation of the recognition of 86 Sanskrit schools has been affirmed. A further prayer has been made to also quash the order of the State Government dated 5.3.2012 wherein the State Government while restoring the recognition of fifteen out of eighty-four schools which Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 9 were earlier cancelled by the order of the Chairman of Bihar Sanskrit Shiksha Board dated 15.6.2012 and reiterated by the State Government in its order dated 21.7.2008 has taken a decision to withdraw recognition of rest of sixty-nine schools. A consequential prayer in all these writ applications have also been made that upon quashing of the aforementioned impugned orders dated 15.6.2002, 21.7.2008 and 5.3.2012, not only the status of the petitioners' school of being recognized Sanskrit schools should be restored but a direction be also issued to the Respondents for making payment of arrear and current salary to all the teaching and non-teaching staff w.e.f. 15.6.2002 as was being paid to them prior to 15.6.2002. 2. At the outset it has to be clarified that the entire pleadings in this batch of fourteen writ petitions involving same issue relating to 38 Sanskrit school petitioners has been made by all the parties in C.W.J.C. No. 1727/2009 which is taken to be the leading case for reference of all the documents and the various interim orders passed by this Court. 3. Learned counsel for the petitioners have submitted that the impugned orders cancelling recognition of 86 very old recognized Sanskrit schools by one stroke of pen is wholly bad both on fact and in law. In this regard, they have submitted that Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 10 some of the schools in fact were recognized even 100 years back and in any event, all of them had continued with the recognition for at least 25 years but even their recognition have been cancelled on more ipsi-dixit without considering their individual cases as also prevailing norms existing at the time of grant of their recognition. 4. In this regard, they have also pointed out that these petitioners schools had been recognized in view of the prevalent government policy and thus their de-recognition could have been made only in case of their breach and not on the basis of new guidelines applicable to newly established Sanskrit schools. It has also been highlighted that all the 86 schools de-recognized under the impugned orders were actually found to be fit for its being made Government Sanskrit Schools in the year 1989 when on the other hand, the matter relating to takeover of 429 Sanskrit schools is still pending in the Supreme Court, the respondents have deliberately passed the impugned orders only in order to deprive them of the same benefit of takeover of the schools and consequential payment of salary as in the case of rest of 341 schools. 5. It has also been submitted that there is only one provision for de-recognition of the schools which were recognized Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 11 prior to constitution of the Board in the year 1979, namely, Rule 6 of fcgkj vjktdh; laLd`r fo|ky; ¼izLohd`fr ,oa 'krZ½ fu;ekoyh] 1993 (hereinafter to be referred to as „the 1993 Rules‟) but neither in the show-cause notice were issued to any of the petitioner school in terms of Rule 6 of the 1993 Rules nor even the impugned orders are in consonance with the requirement laid down under the same Rule 6 of the 1993 Rules. They in this regard have also referred to and relied on the judgment of the Division Bench of this Court dated 12.5.2010 in LPA No. 366 of 2009 (Kalika Prasad Singh Vs. The State of Bihar & Ors.) wherein according to them, the same impugned order has been quashed while restoring the recognition of one of the similarly situated 86 de-recognized Sanskrit schools. 6. Mr. A.P. Sinha, learned counsel for the Board on the other hand has submitted that the power having vested with the Board to grant recognition has also the authority and the duty to de-recognize any Sanskrit school which does not conform to the prescribed requisite conditions for grant of recognition. In this regard, he has also explained that the order of the Board and that of the State Government on the basis of which these writ petitions were filed have now to be actually judged in the background of the subsequent order of the State Government dated 5.3.2012 which has been passed in terms of the observations and direction given Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 12 by this Court in these very proceedings. He has also submitted that each of the school has its own individual fact and, therefore, the issue of grant of recognition and consequential de-recognition cannot be decided on any common parameters. 7. Mr. Kundan Bahadur Singh, learned counsel for the State on the other hand has submitted that the State Government in the matter of grant of recognition or de-recognition of Sanskrit schools has a very limited role, inasmuch as, it is the decision of the Board which has to be actually approved or dis- approved on the basis of the materials on record and in the light of the Rules framed by the State Government. He has also submitted that in the present batch of 86 cases, though the requisite condition for grant of recognition to newly established schools as laid down under the 1993 Rules, which is only prospective in nature, cannot be made applicable for judging the eligibility of the continued recognition and consequential de-recognition of 86 Sanskrit schools but then all these schools when they were recognized had to fulfil the conditions as laid down in the Government Resolution of the year 1956 or 1976 and if those conditions were found to be not fulfilled by such schools, the State Government was under no obligation to allow continuance of the recognition of such schools specially when it has to make payment of monthly salary from its Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 13 own fund both to the teaching and non-teaching staff of these recognized private Sanskrit schools. He has also explained that in any view of the matter, the State Government while passing its order dated 5.3.2012 has reconsidered the whole issue in the light of the observations made by this Court in its different interim orders passed in these very proceedings and in that view of the matter the order passed on 5.3.2012 as with regard to the continued de-recognition of 69 of the 84 schools would require no interference of this Court. 8. Before this Court would examine the validity and correctness of the impugned orders in the light of aforesaid submissions, it would be absolutely necessary to take into account the circumstances in which such impugned orders of recognition and consequential derecognition of 86 very old recognized Sanskrit Schools including that of the school petitioners had been passed. It is an admitted position that there were old 429 recognized private sanskrit schools in existance prior to the constitution of Board in 1979 and they had continued to receive patronage and protection of the State of Bihar even before 1947 the year of independence of this country. The old Sanskrit schools in Bihar including a large number of these 429 schools were recognized by the State Government in terms of the prevailing Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 14 various Government orders, namely;- (i) Government Order no. 2077-E., dated the 29th November, 1915. (ii) Government Resolution no. 1893-E., dated the 19th October, 1915. (iii) Government Order no. 1045, dated the 17th July, 1916. (iv) Government Order no. 293-E, dated the 17th December, 1919. (v) Government Resolution no. 724-E., dated the 30th January, 1929. (vi) Government Resolution no. 4334-E., dated the 27th November, 1934. (vii) Government Order no. 4208-E., dated the 16th December, 1932. (viii) Government Notification no. 2016-E., dated the 9th April, 1935. (ix) Government Order no. 86-E., dated the 4th January, 1936. (x) Government Resolution no. 688-E.R., dated the 24th June, 1936. (xi) Government Notification no. 3849-E., dated the 18th Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 15 December, 1936. (xii) Government Resolution no. 126-E., dated the 18th January, 1937. (xiii) D.P.I.'s Order, dated the 14th August, 1937. (xiv) Government Resolution no. 3189-E., dated the 23rd December, 1938. (xv) Government Notification no. 3188-E., dated the 23rd December, 1938. (xvi) Government Resolution no. 1702-E., dated the 22nd June, 1939. (xvii) Government Resolution no. 2466-E., dated the 20th October, 1939. (xviii) Government Order no. 671-E.R., dated the 25th July, 1941. (xix) Government Notification no. 1252, dated the 31st July, 1942. (xx) Government Notification no. 2296-E., dated the 13th December, 1944. 9. The reference of these Government notifications is found in the “Compendium of the Bihar Sanskrit and Madarsa Education Rules and Regulations” complied by Mr. J.P. Singh, published in September, 1989 by Purnima Prakashan which till Patna High Court CWJC No.1727 of 2009 (30) dt.10-04-2012 16 date happens to be the only authentic compilation in this state on the subject of education in Sanskrit school. 10. In the Bihar Education Code which was published in the year 1952, the recognized Sanskrit institutions were classified