IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3218 of 2008 DEEN DAYAL SINGH Versus THE STATE OF BIHAR & ORS ----------- 3 31.8.2010 The petitioner has filed the instant application for non- compliance of the order dated 16.8.2001 passed in C.W.J.C.No.8253 of 2001 as well as order of the Hon’ble Apex Court dated 3.1.2006 passed in Civil Appeal No.6626- 6675/2001 arising out of Special Leave Petition (C) No.6614- 63/2000. The petitioner has filed C.W.J.C.No.8253 of 2001 for a direction to the respondent authorities to take over the Mulia Devi Girls High School, Deodih, Anchal Chanari, in the district of Rohtas as a Project Girls School in the second phase of take over during the year 1984-85. This court noticed that the matter of take over of the schools as Government Project Schools and the regularization of services of the teaching and non-teaching staffs in those schools is governed by the provisions contained in the Government’s Circular No.142 dated 4.2.1989. The provisions contained in that circular came under challenge before this court and the matter was finally decided by a Full Bench of this court by judgment and order dated 7.5.1999 reported in 2001(1) P.L.J.R. 287 (Project Uchcha Vidyalaya Shikshak Sangh and ors Vs The State of Bihar and others). Against the order of the Full Bench, the State has preferred an appeal before the Supreme Court. In appeal, the Supreme Court 2 has also stayed the proceedings in contempt petitions for alleged violation of the directions given in the Full Bench decision. This court further observed that in case the Supreme Court decision has something favourable to the petitioner, he may move before an appropriate authority. The Apex Court vide its order dated 3.1.2006 remitted the matter to the State authorities with certain observations. The petitioner thereafter again filed contempt application bearing M.J.C.No.2260 of 2006 which was dismissed by this court by order dated 29.9.2008 wherein in paragraph 3 it has been observed that the authorities concerned have earlier examined the case of the petitioner and issued letter dated 25.8.2008 stating therein that the matter has been examined vis-à-vis another school in the same block known as Gangotri Project School and the Director, Secondary Education has found lot of complaints against the teachers of the petitioner’s school. The petitioner submits that the matter was still under consideration and he has referred to memo no.1740 dated 16.1.2008 of the Deputy Director, Secondary Education addressed to the petitioner wherein he was directed to appear on the next date of hearing fixed for 30.1.2009. The petitioner who appears in person submits that he had appeared on the date fixed for hearing and filed certain documents. Having considered the facts and circumstances of the case, this contempt application is disposed of with a direction to 3 KHAN the authorities concerned to dispose of the claim of the petitioner, if not already disposed of, within two months from the date of receipt/production of a copy of this order. (S.P.Singh,J)