IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3208 of 2005 1. Udashi Harichan High School, Araura, Rohtas, through the Headmaster Sri Kameshwar Singh, son of Sri Hari Charan Singh, resident of village and PO Araura, P.S. Kargahar, District- Rohtas 2. Bir Basawan Girls High School, Samahuta, District- Rohtas, through the Headmaster Sri Ram Bachan Roy, son of Late Muni Roy, resident of village and PO Pipra, P.S. Kargahar, District- Rohtas, 3. Rajbanshi Girls High School, Kochas, District-Rohtas, through the Headmaster Sri Kamta Prasad son of Late Gopi Lal, resident of village and PO Kochas, District-Rohtas 4. Gautam Budha Girls High School, Dhawni, District-Rohtas, through the Headmaster Sri Lal Babu Singh, resident of village- Dhawani, District-Rohtas, 5. Janta High School, Akodha, District-Rohtas, through the Headmaster Sri Muni Singh, son of Sri Sukhnandan Singh, resident of village- Akhora, P.S. Sheosagar District-Rohtas, 6. Millat Urdu High School, Shahjuma, Sasaram, District-Rohtas, through the Headmaster, Abdul Manan, son of Late Abdul Rahman, resident of Nuranganj, Sasaram, District-Rohtas 7. Rohtas Kanya High School, Sasaram, District-Rohtas, through the Headmaster Smt. Suman Lata, wife of Lalan Prasad, resident of Navratan Bazar, Sasaram, District-Rohtas 8. Bishwanath High School, Bahuara, District-Rohtas, through the Headmaster Sri Kamta Prasad Singh, son of Late Hari Krishna Singh, resident of village- Bahuara, P.S. Shiv Nagar, District-Rohtas 9. Jagdeo Ambedkar High School, Naiyakpur, District-Rohtas, through the Headmaster Sri Rama Shankar Singh, son of Radha Mahto, resident of village Naiyakpur, P.S. Chenari, District-Rohtas 10. High School, Rasulpur, District-Rohtas, through the Headmaster Sri Keshao Singh, son of Ramdarash Singh, resident of village- Bagdoini Kala, PO Baruhupar, P.S. Mohania, District-Kaimur 11. Kanya Ucha Vidyalaya, Nokha, District-Rohtas, through the Headmaster Smt. Usha Mishra, wife of Sri Ajay Kant Mishra, resident of village- Durgadih, P.S. Bikramganj, District-Rohtas. Versus 1. The State of Bihar 2. Mr. A.K.Chaudhary, the Chief Secretary, Government of Bihar, Old Secretariat, Patna 3. Sri Kamleshwar Prasad Singh, the Director (Secondary Education), Bihar, Patna ----------- 15. 1.2.2010 The contempt application has been filed claiming willful disobedience of the order dated 18.1.2005 passed by this Court in CWJC No. 2437/2004. It appears from the facts brought on the record that a 2 submission was made by learned Government Pleader No. 8 in the writ proceedings that the Cabinet Committee had submitted its report on 22.11.1999 but till date no decision had been taken from the end of the Government and accordingly, this Court directed the State Government to take an appropriate decision in the matter upon the report of the Committee. In their reply to the show cause, the petitioners have themselves brought on the record the show cause filed in the aforesaid writ petition on behalf of respondent no.5, the Director, Secondary Education, Bihar, in para-4 of which it is stated that in the status report, which was sent to the Cabinet Committee, vide letter no. 998 dated 22.11.1999 it has been stated that Section 3(3) of the Bihar Non-Government Secondary Schools (Taking over of the Management and Control) Act, 1981 has been deleted and accordingly the matter for taking over the proposed High Schools is not in accordance with the existing Rules. In view of the aforesaid clear statement of facts, it appears that the entire order was passed on the basis of misconceived submission made by learned Government Pleader no. 8 which was not based on the facts on the record. Hence, there can be no occasion for any willful disobedience of the order of this Court. The contempt application is accordingly dismissed. S. Pandey (Ramesh Kumar Datta, J.)