IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12944 of 2007 1. Ram Tawakya Singh, son of Dev Prasad Singh, resident of village Mithapur, P.O. Layee, P.S. Bihta, District Patna 2. Bidya Prasad Singh, son of Mathura Singh, resident of village Mithapur, P.S. Bihta, P.O. Layee, District Patna 3. Pramod Ram, son of Nanhak Ram, resident of village Akhtiyarpur, P.O. Layee, P.S. Bihta, District Patna 4. Chandrashekhar Sharma, son of Raja Ram Singh, resident of village Khaspur, P.S. Nobatpur, District Patna 5. Rewati Kumar, son of Shiv Muni Singh, resident of village Dhanau English, P.O. Nasriganj, District Rohtas 6. Bimlesh Kumar, son of Baj Rangi Singh, resident of village Pandepur, P.O. Newra, P.S. Bihta, District Patna 7. Dharmendra Kumar, son of Shiv Muni Singh, resident of village Dhanav, P.O. & P.S. Nasriganj, District Rohtas 8. Ram Jee Singh, son of Gobardhan Singh, resident of village Karup Tola, P.O. Hariya, P.S. Gorary, District Rohtas 9. Sanjeet Kumar, son of Shyam Bihari Rai, village Mahinaba, P.S. Maner, District Patna 10. Pankaj Kumar, son of Ram Sagar Singh, resident of village Pharatpura, P.S. Naubatpur, District Patna … Petitioners Versus 1. The State Of Bihar through Commissioner cum Secretary, Human Resource Department, New Secretariat, Patna 2. The Commissioner cum Secretary, Human /Resource Department, New Secretariat, Patna 3. The Director, Primary Education, Bihar, New Secretariat, Patna 4. The District Superintendent of Education, Patna … Respondents ---------------------------------- 3. 16.11.2011 No one appears for the petitioners. Counsel for the State is present. The prayer of the petitioners for take-over of their school in terms of Section 3 of the Bihar Non-Government Elementary Schools (Taking Over and Control) Act, 1976 and the consequential direction for payment of salary on the basis of their becoming Government servant on account of such take-over seems to be wholly misconceived. The enabling power vested in the Government under section 3 of the Act to take-over such school 2 does not mean that every school has to be taken-over unless the Government issues an order to this effect in the manner prescribed in Section 3 of the Act. That being so, the prayer seeking a direction from this Court for take-over of the school seems to be wholly misconceived and also well beyond purview and scope of section 3 of the Act. That being so, this application is without merit and is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/