IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4676 of 2006 1. Birendra Prasad Bhagat, son of Viveka Nand Bhagat, resident of village + PO Haripur, P.S. Forbisganj, District Araria at present working as Headmaster of Shanti Devi Dhir Narayan Gupta Girl’s High School, Forbisganj, District Araria 2. Om Prakash Ram, son of Sri Garaj Mani Ram, resident of village, PO + PS Katihar District Katihar at present working as Assistant Teacher Shanti Devi Dhir Narayan Gupta Girls High School, Forbisganj 3. Kiran Kumar, wife of Anirudh Gupta, resident of village + PO + PS Pustakalaya Road Forbisganj, District Araria, at present working as Assistant Teacher in Shanti Devi Dhir Narayan Gupta Girls High School, Forbisganj, District Araria 4. Nand Kishore Prasad Dev, son of Late Gagandeo Deo, resident of village Bhata Bani, PO and PS Forbisganj, District Araria, at present working as Assistant Teacher of Shanti Devi Dhir Narayan Girls High School, Forbisganj 5. Birendra Pd. Gupta, son of late Sulochana Pd. Gupta, resident of village + PO + PS Forbisganj, District Araria, at present working as Assistant Teacher in Shanti Devi Dhir Narayan Girls High School, Forbisganj 6. Anup Kumar Gupta, son of Giris Pd. Gupta, resident of village + PO + PS Dist. Katihari (Giori Tola) at present working as Assistant Teacher in Shanti Devi Dhir Narayan Girls High School, Forbisganj 7. Raj Kumar Purbey, son of late Jivanand Purbey, resident of village + PO Dumariya, P.S. Narpatganj, District Araria, at present working as Assistant Teacher in Shanti Devi Dhir Narayan Girls High School, Forbisganj 8. Md. Aslam, son of late Elias resident of village + PO Rampur, P.S. Forbisganj, District Araria, at present working as Assistant Teacher in Shanti Devi Dhir Narayan Girls High School, Forbisganj 9. Vijay Das, son of Udho Das, resident of village + PO + PS Forbisganj, District Araria, at present working as Assistant Teacher in Shanti Devi Dhir Narayan Girls High School, Forbisganj 10. Rajesh Kumar, son of Shambhu Pd. Gupta, resident of village + PO Tamganj, P.S. Narpatganj, District Araria, at present working as Assistant Teacher in Shanti Devi Dhir Narayan Gupta Girls High School, Forbisganj 11. Smt. Nirmala Gupta, wife of Ram Kumar Gupta, resident of village + PO + PS Forbisganj Pustakalaya Road, District Araria, at present working as Clerk in Shanti Devi Dhir Narayan Girls High School, Forbisganj 12. Tarun Kumar, son of late Narayan Pd. Gupta resident of village + Po + PS Pustakalaya Road Forbisganj, District Araria, at present working as Peon in Shanti Devi Dhir Narayan Girls High School, Forbisganj 13. Sarita Gupta, wife of Bhola Kumar Gupta, resident of village + PO + PS Forbisganj Hospital Road, District Araria, at present working as Peon in Teacher Shanti Devi Dhir Narayan Girls High School, Forbisganj … Petitioners 2 Versus 1. The State Of Bihar, through the Commissioner, Primary Secondary and Adult Education, Bihar, Patna 2. Director, Secondary Education, Bihar, Patna 3. Regional Deputy Director of Education, Saharsa 4. District Education Officer, Araria 5. District Inspectress of the School, Araria … Respondents ---------------------------------- 11. 9.8.2011 After some argument Mr. Tej Bahadur Singh, learned Senior counsel appearing on behalf of the petitioners in this case, would submit that in view of the latest stand taken by the Secretary of the School the petitioner would now require the petitioners to seek a declaration from the appropriate Civil Court both with regard to the School being taken over by the State Government and services of the petitioners being vested in the State. Considering the aforesaid submission as also the fact that there are number of disputed questions of fact involved in this writ application which cannot be gone into within the limited parameters of a proceeding under Article 226 of the Constitution of India, this Court would give liberty to the petitioners to seek their remedy, if any, before the appropriate Civil Court. With the aforementioned observation and liberty, this application is permitted to be withdrawn. The appearance of the Director, Secondary Education, is also dispensed with. (Mihir Kumar Jha,J.) Surendra/