IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11192 of 1996 1. Bechan Kamat Son of Dhaneshar Kamat, resident of Village- Surtipatti, P.O. Chain Singh Patti, District- Supaul. 2. Sambhu Prasad Yadav, Son of Basudeo Prasad Yadav, resident of Village-Surtipatti, P.O. + P.S. Chain Singh, District-Supaul. 3. Devendra Prasad Yadav, Son of Late Misharilal Yadav, resident of village-Chain Singh Patti, P. O. Chain Singh Patti, P.S.-Chain Singh Patti, District- Supaul. 4. Sada Nand Yadav, Son of Jagdish Yadav, resident of Village- Phulwaria, P.O. Phulwaria, District-Supaul. 5. Smt. Pramila Kumari, daughter of Shyam Karan Yadav, resident of Village- Mahipatti, P. O. Maloth, P.S. Maloth, District-Supaul. 6. Hareram Sah, Son of Ram Kishun Sah, resident of Village-Chain Singh Patti, P.O. Chain Singh Patti, District-Supaul. ------Petitioners. -Versus- 1. The State of Bihar. 2. Chairman, Sanskrit Shiksha Board, Patna. 3. Secretary, Sanskrit Shiksha Board, Bihar, Patna. 4. Special Director, Secondary School, Patna. 5. Commissioner, Secondary School, Patna. 6. Education Minister, Bihar, Patna. 7. Basudeo Prathmik-Sah-Madhya Sanskrit Vidyalaya, through Secretary Vijay Narayan Mishra. 8. Bhola Kant Jha, Son of Kalanand Jha. 9. Narendra Jha, Son of Jiwachch Jha. 10. Ram Chandra Jha, Son of Jagarnath Jha. 11. Ram Narayan Jha, Son of Basudeo Jha. 12. Ramdeo Sharma, Son of Raghunandan Sharma. ----Respondents. ------------- For the Petitioners : Mr. Arbind Kumar Sharma, Advocate. For Sanskrit Shiksha Board: Mr. Tej Bahadur Singh, Sr.Advocate & Mr. Gyan Shankar, Advocate. For Private Respondent : Mr. Yugal Kishore, Sr. Advocate & Mr. Dineshwar Tiwary, Advocate. For the State : Mr. Ravi Verma, J.C. to G.P. 15. ------------- 10. 18.11.2008. This matter relates to recognisition of a School known as Basudeo Prathamik-Sah-Madhya Sanskrit Vidyalaya(hereinafter referred to as ‘the School’). There are two groups of persons claiming that they are running the School known as Basudeo Prathamik-Sah- - 2 - Madhya Sanskrit Vidyalaya. One group claims that the School is in Tulsipatti and the other in Surtipatti. The petitioners before this Court are claiming that the School is running at Surtipatti, whereas the private respondents are claiming that the School is running at Tulsipatti. I may point out here that the School was recognized amongst 205 Schools on 23.3.1985. The teachers belonging to Surtipatti were being paid their salary as an application had been filed on their behalf that there was a mistake in the Gazette Notification issued in the name of the School showing it was in the village of Tulsipatti. The Gazette Notification was corrected and the petitioners began to receive their salary. The private respondents thereafter moved this Court by filing C. W. J. C. No. 8045 of 1990 stating the aforesaid facts. Notices were issued to the present writ petitioners. However, they chose not to appear before the Writ Court. The writ application was disposed of by the order dated 29.7.1993 wherein there was a direction to the Special Director to make an enquiry in the matter in presence of the petitioners as well as the concerned respondents. The Court also specified that if the private respondents do not appear before the Special Director within two weeks from the date of receipt of the order, he may direct to stop the salary of the private respondents (petitioners in this writ) till final decision. After enquiry by the Special Director the report was to be sent to the - 3 - Hon’ble Minster who was to pass final order in the matter. Subsequently, the Special Director conducted an enquiry which was found to be unsatisfactory and thereafter the District Magistrate, Saharsa made an enquiry and inspected the Schools in question. On inspection, the District Magistrate and the District Development Officer found that Basudeo Prathamik-Sah-Madhya Sanskrit Vidyalaya, Kushahar,(Tulsipatti), Saharsa is a genuine School. The report of the District Magistrate was forwarded to the Hon’ble Minister Incharge, Secondary Primary and Adult Education, Bihar, Patna. The Hon’ble Minster Incharge passed the necessary orders holding that Basudeo Prathamik-Sah-Madhya Sanskrit Vidyalaya at Tulsipatti was a genuine School. This Court finds that an enquiry has already been made and the petitioners were given an opportunity both by this Court in the earlier writ application as well as when the enquiry was conducted to demonstrate before the authorities who were making the inspection that the School, was allegedly running in Village- Surtipatti, and it was a genuine School but they had failed to satisfy the authorities. As such the matter can not be reopened time and again specially in the facts of this case where the enquiry was made and orders were passed in favour of the School running in Village-Tulsipatti. In the facts aforesaid and for the reasons mentioned in this order, this writ application is dismissed. U.K. (Sheema Ali Khan,J)