IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9439 of 2009 Deepak Mishra, Son of Shri R.N. Mishra, R/O 216/E, Ashok Nagar, P.S. Sahpur, District Gorakhpur (UP)…………………………………………….……Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar 2. The Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar. 3. The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna, Bihar. 4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna, Bihar 5. District Education Officer, Siwan………………………………………………………….……..Respondents With CWJC No.9479 of 2009 Dr.Anibha Srivastava, W/O Shri Lokesh Prasad Anand, R/O Mahdeva Road, P.S. Siwan (M), District Siwan………………………………………………….Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar 2. The Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar. 3. The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna, Bihar. 4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna, Bihar 5. District Education Officer, Siwan……………………………………………………………...Respondents With CWJC No.10263 of 2009 Om Prakash Singh, Son of Kedar Nath Singh, R/O village Bishwania, P.S. Darauli, District Siwan………………………………………………………………………..Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar 2. The Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar. 3. The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna, Bihar. 2 4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna, Bihar 5. District Education Officer, Siwan……………………………………………………..……………..Respondents With CWJC No.10264 of 2009 Madhu Kumari, W/O Shri Om Prakash Singh, R/O Pipra, P.S. M.H. Nagar, Hasanpura, District Siwan………………………………………………………………………… Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar 2. The Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar. 3. The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna, Bihar. 4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna, Bihar 5. District Education Officer, Siwan………………………………………………………………………Respondents With CWJC No.10265 of 2009 Salim Ahmad, Son of Gafur Miya, R/O Mahualmahal, P.S. M.H. Nagar, Hasanpur, District Siwan…………………………………………………..Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar 2. The Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar. 3. The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna, Bihar. 4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna, Bihar 5. District Education Officer, Siwan……………………………………………………….……………..Respondents With CWJC No.10266 of 2009 Sanjay Prasad, Son of Shri Bhagwan Prasad, R/O Jaiprakash Nagar Sherahi, P.S. Daraunda, District Siwan………………………………………..………….Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar 3 2. The Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar. 3. The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna, Bihar. 4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna, Bihar 5. District Education Officer, Siwan…………………………………………………………………..Respondents With CWJC No.10267 of 2009 Chandraketu Ojha, Son of Shri Ram Chandra Ojha, R/O village Chakra, P.S. Siwan (M), District Siwan……………………………………………………Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar 2. The Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar. 3. The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna, Bihar. 4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna, Bihar 5. District Education Officer, Siwan………………………………………………………………..Respondents With CWJC No.10268 of 2009 Ansuiya Devi, W/O Dhirendra Pratap Mishra, R/O Mohadipur, Gorakhpur, P.S. Cantt. Gorakhpur, District Gorakhpur (U.P.)………………………………………………….………………………Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar 2. The Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar. 3. The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna, Bihar. 4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna, Bihar 5. District Education Officer, Siwan…………………………………………………………………....Respondents With CWJC No.10283 of 2009 Amitesh Kumar Tiwari, Son of Shri Dharmnath Tiwari, R/O village + P.O. Panditpur, P.S. 4 Janta Bazar, District Chapra at Saran……………………………………………………………………..Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar 2. The Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar. 3. The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna, Bihar. 4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna, Bihar 5. District Education Officer, Siwan……………………………………………………………………..Respondents With CWJC No.10284 of 2009 Harendra Kumar Ojha, Son of late Jagarnath Ojha, R/O Tarwa Parsa, P.S. M.H. Nagar (Hasanpura), District Siwan…………………Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar 2. The Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar. 3. The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna, Bihar. 4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna, Bihar 5. District Education Officer, Siwan…………………………………………………….……………..Respondents With CWJC No.10285 of 2009 Bharat Kafle, Son Sthmeshwar Kafle, R/O Near Sanskrit College, Hamsupur, P.O. Gita Press, P.S. Rajghat, District Gorakhpur (U.P.)……………………………………………………..……………….Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar 2. The Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar. 3. The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna, Bihar. 5 4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna, Bihar 5. District Education Officer, Siwan………………………………………………………………..…..Respondents With CWJC No.10297 of 2009 Dharmnath Tiwari, Son of Shri Nag Narain Tiwari, R/O Ashani, P.S. Rasulpur, District Saran at Chapra………………………………………………Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar 2. The Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar. 3. The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna, Bihar. 4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna, Bihar 5. District Education Officer, Siwan…………………………………………………….……………..Respondents With CWJC No.12153 of 2009 Kumari Shobha Singh, Daughter of Shri Vishwanath Singh, R/O village Dovia, P.S. Darauli, District Siwan……………………..Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar 2. The Principal Secretary, Primary, Secondary and Mass Education Department, New Secretariat, Patna, Bihar. 3. The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna, Bihar. 4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna, Bihar 5. District Education Officer, Siwan………………………………………………………….………..Respondents ----------- For Petitioners: Mr. Naresh Dikshit, Advocate For the State: Mr. A. Amanullah, G.A. No.IX Mr. M. K. Pathak, A.C. to G. A. No. IX Mr. Madhukar Mishra, A.C. to G.A.No.VII Mr. Baidya Nath Thakur, A.C., to S.C.XVIII & Mr. Angad Kumar, Advocate 6 4 07.09.2010 Heard learned counsel for the petitioners as well as learned counsel for the State. Petitioners of these cases are Headmaster and teachers of Sri Krishna Ojha Project Girl’s High school, Tarwa, Parsa in the district of Siwan. As per their contention, pursuant to a policy decision of the State Government contained in letter no.12/B-153/86-1004 dated 26.08.1988 / 31.01.1989 (Annexure-4), in every block, one Girl’s Project School was to be opened by the Government or to be taken over as such. As per pleadings, there was already a Government Girl’s School in the block. However, the same was closed and thereafter some representations were filed for takeover of the present school. Enquiry was made at different levels and recommendations were made by a Three-Member Committee for taking over of the present school as Project Girl School in the block. While recommendations were pending at different levels, scheme of Mid-Day Meal, Chief Minister Girls Students Dress scheme and other schemes were implemented in the School. It is also contended that some teachers of the 7 School were assigned duties in the Assembly Election. As per contention of learned counsel for the petitioners, Headmaster and teachers of the School were having legitimate expectation that the School in question will be taken over as Project Girls School by the Government. It was expected that as work had been taken from them, they will be paid their salary. That having not been done, petitioners have moved this Court. Counter affidavits have been filed in these cases and it is submitted by learned counsel for the respondents that there was no recommendation for takeover of the present School by the Government. It is also disputed that the said schemes which were said to be running in the school were being run under proper orders and for that some enquiry was made and it was questioned as to how schemes were introduced in the private school which were not yet taken over. Learned counsel for the petitioners submits that once the State Government had taken a policy decision to takeover the Girls School as Project Schools, and there being no other girls school in the block which was 8 taken over or under consideration, the School in question was the only eligible school for such takeover. Therefore, in implementation of the policy decision, the State Government should have taken a final decision and should have issued final orders for consequential benefits including payment of teachers’ salary for the work taken from them. Takeover of a School under the policy decision is discretion of the Government and orders for the same cannot be passed by this Court. No mandamus can be issued for this purpose. Therefore, this Court is unable to pass any specific order to the respondents to issue any such notification in favour of the present School. However, counter affidavits do not show as to for what reasons, the case of the present School was not considered for its takeover under the policy decision. Learned counsel for the petitioners has drawn the attention of this Court to the representation filed by the Headmaster before the Director, Human Resources Development Department dated 08.09.2008. The representation deals with in detail the circumstances under which the teachers and its 9 authorities have legitimate expectation from the Government for consideration of the case for its takeover. Therefore, this Court feels it appropriate that the said representation should be considered by the respondents and a specific final decision, either way, should be taken in respect of the takeover of the School as Project Girls school. This Court also feels that Headmaster of the School should be given liberty to appear before the Director and substantiate the claim of the school with any other document or material he may have in possession in support of the claim for a positive decision. In the circumstances, liberty is granted to the Headmaster of the School to appear before the Director, Human Resources Development Department, Government of Bihar, Patna within one month from today with whatever further material, he may want to place before the Director. Upon his appearance, the Director shall consider the case of the school, if necessary, by giving personal hearing to the Headmaster or his representative, and examine the case as to whether the School is covered under the policy 10 decision for takeover of the School as Project School under law, or not. He shall also examine as to whether the policy decision is still continuing and is being acted upon by the Government, or not. If he is satisfied with regard to the claim of the School, a final decision shall be taken by him and necessary formal order shall be issued. All exercises shall be completed by the Director, Human Resources Development Department, Government of Bihar, Patna within four months from the date of appearance of the Headmaster along with a copy of this order. These writ applications are disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)