IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2905 of 2004 KUMKUM SINHA,WIFE OF DR.VIJAY KUMAR RESIDENT OF PLENKO SHANTI AWAS(APARTMENT),BLOCK NO.13, FLAT No. 303, BOARING – PATALIPURTRA ROAD, PATNA, P.S.-PATALIPUTRA, DISTRICT- PATNA. ……………………………PETITIONER. Versus 1.THE STATE OF BIHAR. 2. Director, primary Education, New Secretariat, Patna. 3. Deputy Director, Primary Education, new Secretariat Patna. 4. District Superintendent of Education, Patna. 5. Secretary, New Model Saint Paul junior Middle School, Guljarbagh, Patna. 6. Headmistress, New Model Saint Paul Junior Middle School, Guljarbagh, Patna. ……………………Respondents. 2. 8.11.2010 In view of the fact, that for the sole grievance of the petitioner, as with regard to approval of her services in a minority school, New Model Saint Paul Junior Middle School, Guljarbagh Patna, by the State Government the concerned District Superintendent of Education on being approached by the Managing Committee of the said school has already forwarded the case of the petitioner to the Director, Primary Education, vide his letter no. 2539 dated 25.8.2003 all this Court would be required now to do in absence of counsel for the petitioner and also inability the Counsel for the State to assist this Court is that it would direct the Director, Primary Education to take his final decision strictly in 2 accordance with law, if not already taken, on the proposal submitted by the District Superintendent of Education, Patna, contained in Memo No.2539 dated 25/8/2003 as contained in Annexure-8. The said letters has been taken note of by this court only because the Counsel for the State has not filed any counter affidavit explaining the reason for keeping the case of the petitioner pending for grant approval of the services to the Minority School. In that view of the matter, the petitioner is given liberty to approach the Director Primary Education along with a copy of this order and it is expected that the said authority shall do the needful strictly in accordance with law. It is, however, made clear that this Court has not expressed any view on the merit of the claim of the petitioner and, therefore, the Director, Primary Education, must apply his independent mind to the individual facts and circumstances in accordance with government rules and regulations as applicable in the case of the petitioner and take his final decision as is 3 permissible in law. With the aforementioned observation, this writ application is disposed of. Devendra/ ( Mihir Kumar Jha, J.)