IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4563 of 2008 BHUBNESHWAR PRASAD SINGH, SON OF BIGAN CHOUDHARY, RESIDENT OF MOHALLA INDRAPURI, P.S. PATLIPUTRA, DISTRICT PATNA. --- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, DEPARTMENT OF PRIMARY EDUCATION BIHAR, GOVERNMENT OF BIHAR, PATNA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, BIHAR, PATNA. ----- RESPONDENTS ----------- 2 25.4.2011 The petitioner is the Headmaster of A.M.S. Madhya Vidyalaya, Krishnapuri, Patna. He has filed this writ application with the following prayer: “That this application has been filed for issuance of appropriate writ/s, order/s, direction/s commanding upon the respondents to publish effective date of take over in official gazette in the light of resolution No. 763 dated 09.02.1973 from which the school A.M.S. Madhya Vidyalaya, Krishnapuri, Patna shall be treated as Government School and the employees working there in shall be considered as Government employees.” Admittedly the petitioner’s school has not been taken over under the 1976 Act. The claim of the petitioner is that apart 2 from the school that were taken over, there were two other lists one consisting of 390 schools and other consisting of 982 schools. The case of 982 schools was considered and rejected vide Annexure-17 dated 23.8.1973. It is further submitted that the matter of taking over of the petitioner’s school was also rejected vide Annexure-26 dated 14.7.2010. Annexure-26 states that in view of the fact that the State Government has rejected take over of 982 schools vide letter no. 2267 dated 23.8.1993, the case of other primary schools stand on the same footing and is, therefore, rejected. The petitioner is aggrieved by Annexure-26 on the ground that in fact there is no consideration at all and the reasons are not sufficient for rejecting the claim of take over of the petitioner’s school. It is further submitted that Annexure-17 is also not a reasoned order and thus the petitioner has no idea as to why the Government has rejected the claim of 982 schools. The main submission of the petitioner is that since 1976 Act is in 3 existence which specifies certain conditions for take over, the State Government should consider whether the petitioner’s school fulfills those conditions and then pass an order whether they are willing or not to take over of the school. The factual aspect is that the petitioner claims that his school was established before 1.1.1971, given recognition vide letter no. 756 dated 25.11.1970 w.e.f. 1.4.1970 and that the District Taking Over Committee recommended this petitioner’s school for the purpose of taking over. This recommendation has been rejected vide Annexure-26. The ground for rejection as mentioned at Annexure-26 seems prima facie to be justified in view of the fact, that since the Government had rejected the case of 982 schools, there was no occasion for the Government to give special treatment to the list of 390 schools. Therefore, this Court cannot pass any positive order directing the State Government to take over the petitioner’s school. This aspect of the matter has been settled by a judgment of the Supreme Court 4 in the case of State of Bihar & Ors. Vs. Chandradip Rai [AIR 1981 SC 2071], wherein the Apex Court held that the High court cannot pass any direction to the State Government to take over a particular school. It has to be done in terms of the 1976 Act. This Court, therefore, cannot pass any direction to the State Government to declare that the school has been taken over and that the employees of the school are Government employees. Obviously while considering the entire education policy, the Government would be taking effective steps to promote primary education. In this context the Human Resources Department is the sole authority that can decide this issue. The petitioner may move departmentally for redressal of his grievances, if so advised. This writ application is thus, dismissed. Sanjay ( Sheema Ali Khan, J.)