IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14223 of 2009 1. Ganga Ram s/o late Dharai Ram 2. Ramkaran Ram s/o late Mohit Ram 3. Ramlal Das s/o Ram Bilash Ram 4. Asharfi Ram s/o late Badar Ram 5. Budhu Ram s/o Phochaya Ram 6. Phulkan Ram s/o Lakshmi Ram, all residents of village – Hawibhawar, P. S- Bahera, District – Darbhanga ….. Petitioners Versus 1. The State Of Bihar 2. The Director, Bihar Education Project Council, Beltron Bhawan, Shastri Nagar, P.S. Shastri Nagar, District – Patna 3. The District Magistrate, Darbhanga 4. The District Superintendent of Education, Darbhanga 5. The District Education Officer, Darbhanga 6. The District Programme Officer, Vocational and Navachari Education, Darbhanga ……. Respondents ----------- For the petitioners: Mr. Nilendu Kumar Choudhary Mr. Manish Kumar No.2, Advocates For the respondents: Mr. P.K.Shahi, AG, --- 6 6/1/2010 Though this matter was listed for orders, yet on consent of learned counsel for the parties it is finally heard. We have heard Mr. Manish Kumar, learned counsel for the petitioners and Mr. P. K. Shahi, learned Advocate General appearing for the respondent nos. 1 & 2. The petitioners, the guardians of students who have prosecuted their studies in Angana Centre at 2 various places in the district of Darbhanga, describing themselves as pro bono publico have invoked the inherent jurisdiction of this court to issue a writ of mandamus commanding the respondent no.2, namely, the Director, Bihar Education Project Counsel, to complete the course made for such girl students as per notification dated 3.2.2007 issued by the respondent no.4, contained in Annexure -1. It is submitted by Mr. Manish Kumar, learned counsel for the petitioners, that as per the postulates made in Annexure -1, it was obligatory on the part of the respondent no.2 to get the course completed within a span of three years as that was the mandate and further a beneficent scheme of this nature could not have been curtailed at the whim and fancy of the Council. It is propounded by learned counsel for the petitioner that the students on completion of three years were entitled as per the stipulations in the circular to get admitted to Class VI but by virtue of the curtailment of the scheme and the closure of the Angana Centres they have been deprived of the benefit. 3 This court on 14.12.2009 had passed the following order: “After hearing the parties we are of the view that the Director, Bihar Education Project Counseling Beltron Bhawan, Shastri Nagar, District – Patna should himself consider whether it will be in larger interest of the concerned girls who have been motivated to join Angana School, to allow them to complete their training up to 5th Class, which is to be completed within next few months. The problem may be considered from all angles including the welfare of the girls who appear to have been unfortunate and to have started education at the age of 11 to 13 years. Respondents should consider/reconsider their decision at an early date preferably within three weeks. Let a copy of this order be given to learned counsel for the state. Put up after three weeks.” In pursuance of the aforesaid order, the respondent no.2 has taken a decision on 5.1.2010, which has been produced by Mr. P. K. Shahi, learned Advocate General appearing for the State. Referring to the said decision, it is submitted by Mr. Shahi that a conscious decision as has been taken, regard being had to various facets, fundamentally to uplift the standard of education and to extend the benefit of formal education to the students who were availing education in Angana Centres. It is urged by him that in all the districts of the 4 State of Bihar the Angana Centres have been closed and there cannot be a different approach as far as Darbhanga district is concerned. At this juncture, an apprehension was expressed by learned counsel for the petitioners that students who have attended the said Centres would not be given the benefit and the time spent by them in studies would go futile. On a query being made from learned Advocate General, he submitted with all fairness at his command that the students who have prosecuted their studies in the Angana Centres in all the districts of the State of Bihar shall be admitted to formal education and shall be imparted education free of cost keeping in view the Article 21A of the Constitution of India. Additionally, it is propounded by Mr. Shahi, learned Advocate General, that the State is absolutely conscious that the education is sine qua non for the upliftment and progress of a body polity and, therefore, formal schools shall be made absolutely functional and they shall impart seemly education. Learned Advocate General further conceded that the 5 students who have prosecuted their studies shall be admitted to such Schools regard being had to the concept of proportionality so that they can not have grievance. It is apt to note that as per the stipulation in the scheme on completion of three years education/training, the girl students would have straight got admission to Class – VI. We have been apprised by learned counsel for the petitioners that the students have completed studies for more than two years and three months. Be that as it may, without entering into the arithmetical exactitude we would command the respondent nos. 1 & 2, keeping in view the fair stand taken by Mr. Shahi, learned Advocate General, that the girls student shall be admitted on the basis of proportionality i.e. the time spent in studies at Angana Centre and the entitlement to be admitted to formal school. The said exercise shall be completed within three months from today. We must put on record our appreciation to the fair submission put forth by Mr. Shahi, learned Advocate General as we are disposed to 6 think that he has quintessentially emphasized the concept of education in the State of Bihar, more so, in the areas which are backward. We hope and trust that the Education Department specially respondent no.2 shall rise to the occasion and keeping in view the constitutional philosophy pertaining to education act with necessitous devotion. The writ petition is accordingly disposed of without any order as to costs. Neyaz/ (Dipak Misra, CJ.) (Dr. Ravi Ranjan, J.)