IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10547 of 2010 1. NAULESH KUMAR SINHA S/O PREET NARAYAN SHARMA R/O VILL. BALMI SIVSIYA, P.O. MADAN SIVSIYA, P.S. KALYANPUR, DISTT.- EAST CHAMPARAN 2. CHANDRA BHUSAN MISHRA S/O LATE MOHAN DEV MISHRA AT POST BIGDHAVI, P.S. KASHARIYA, DISTT.- EAST CHAMPARAN 3. DHARMANATH PANDEY S/O VIKRAMADIYA PANDEY AT POST KADHAN BARIA, P.S. KESHARIYA, DISTT.- EAST CHAMPARAN 4. RAMAYAN BHAGAT S/O BASHUDEV BHAGAT R/O VILL.- PURAINA, P.O. SAROTAR, P.S. DUMARIYA GHAT, DISTT.- EAST CHAMPARAN 5. JAICHANDRA BAITHA S/O LATE RAGHUNATH BAITHA R/O AT P.O. BIGDHARI, P.S. KESHARIYA, DISTT.- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, BUDH MARG, PATNA 4. THE DISTRICT MAGISTRATE, EAST CHAMPARAN, BIHAR 5. THE DISTRICT EDUCATION OFFICER, EAST CHAMPARAN, BIHAR 6. AWADH RAI, SECRETARY, MANAGING COMMITTEE OF HIGH SCHOOL, JAGIRHA, P.O. BIGDHARI, KESHARIYA, EAST CHAMPARAN 7. THE MANAGING COMMITTEE OF HIGH SCHOOL, JAGIRHA, P.O. BIGDHARI, KESHARIYA, EAST CHAMPARAN, THROUGH THE SECRETARY, AWADH RAI ----------- For the Petitioners :- M/S. Tej Bahadur Singh, Sr. Advocate, Brisketu Sharan and Gyan Shankar. For the Respondents :- Mr. A.C. to G.P. XIX ---- 2 08/03/2011 Heard learned Senior Counsel for the petitioners - 2 - and learned counsel for the State. This writ application has been filed because despite recommendation and findings given by the District Magistrate, East Champaran at Motihari, appropriate decision or direction is not being issued at the level of the Director, Secondary Education, Department of Human Resources, Government of Bihar, Patna. In this regard, attention of the Court has been drawn to Annexures 7 and 8 which are dated 31.12.2009 and 17.02.2010. The background for filing the present writ application is that the Managing Committee has been arbitrarily removing old teachers without any authority and law to accommodate persons for extraneous reasons because now the government has taken a policy decision that there shall not be any Institution without financial aid from the government. Annexure-8 speaks for itself which is the finding recorded by the District Magistrate and addressed to the Director, Secondary Education, Human Resources Department, Bihar, Patna. Inaction on the part of the Director has generated the present writ application and - 3 - the petitioners are facing hardship despite arbitrariness in the decision writ large in the recommendation and the findings given by the District Magistrate. This writ application is disposed of with a direction upon the Director, Secondary Education, Government of Bihar, Patna (respondent no. 3) that taking cognizance of the communication which is letter no. 245 dated 17.02.2010 (Annexure- 8) appropriate direction would be issued after taking a decision in the matter after hearing the parties to the dispute within a period of three months from the date of production or communication of a copy of this order. The Director is further directed to ensure that the funds released by the Government do not end up in the wrong hand till a decision is taken in this regard. AMIN/ (Ajay Kumar Tripathi, J.)