IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18211 of 2009 1. DADAN MISHRA IS ASSISTANT TEACHER IN KAPILDEO RAI HIGH SCHOOL LILWANCH POLICE STATION DINARA DISTRICT ROHTAS S/O LATE SHEI DAS MISHRA R/O VILL MAJHUARI, P..S.SIMARI, DISTT-BUXAR 2. RAGHBENDRA KUMAR SINGH IS CLERK IN SONA BALDEO HIGH SCHOOL CHERON POLICE STATION SARMERA ,DISTT-NALANDA S/O LATE RAMANUGRAH SINGH R/O VILL CHERON, P.S. SARMERA, DISTT-NALANDA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT GOVERNEMENT OF BIHAR, PATNA 3. THE DIRECTOR (SECONDARY EDUCATION), HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNEMENT OF BIHAR, PATNA 4. THE DISTRICT EDUCATION OFFICER ROHTAS AT SASARAM 5. THE DISTRICT EDUCATION OFFICER NALANDA AT BIHAR SHARIF ----------- 2 22.4.2010 Heard counsel for the petitioners and the counsel appearing for the State. Prayer of the petitioners is for quashing the order contained in Memo No. 476 dated 18.7.2006 passed by the Director (Secondary Education) Human Resources Development Department, Government of Bihar, Patna and for directing the respondents to constitute appropriate Committee and such constituted Committee to submit enquiry report, relating to take over/recognition of the un- aided High School including the School of the petitioners. Further prayer is for granting financial aid and other consequential benefits to the petitioners in the schools. - 2 - Earlier also the petitioners have come before this Court for similar relief in CWJC No. 5966 of 2000. This application was disposed off, since, the petitioners had informed the Court that a Committee has been constituted under the Chairmanship of the then Minister of Human Resources Development Department, Government of Bihar, Patna for looking into the matters of take over of 117 schools, which were granted permission for its’ establishment prior to 11.8.1980 and fulfilled the criteria and conditions for permanent recognition and take over. Petitioners’ grievance is that the Committee was defunct without concluding the enquiry; as such no decision could be taken in the case. It is also submitted by the petitioners’ counsel that the similarly situated schools out of 117 Schools, have been given benefit of recognition and grant but that has not been done in the case of the petitioners. I find that the matter relating to take over/recognition, and granting financial aid to Private/non- Government Schools have been considered on earlier occasions by the Supreme Court and the High Court, where it has been decided that Courts cannot issue direction to the - 3 - State Government to take over the Schools or for payment of salary to the teacher working in the Schools. In the present case, the impugned order passed in terms of direction in the earlier writ application indicates that Bihar State Secondary (Management Control and take Over) Act, 1981, there was provision for take over under Section 3(3) of the Act. Subsequently vide Resolution no.152 dated 12.1.1993, it was decided to amend the provision under Section 3(3) of 1981 Act, subsequent to repeal of this provision, there is no provision for take over of the schools with financial aid. I do not find any error in the impugned order, rejecting the claim of the petitioners. The impugned order, has been passed considering relevant Rule and also that State Government cannot take financial liability of each and every School. Counsel for the petitioners submits that direction in the earlier writ application was for submission of the report of High Power Committee, since it has been defunct; as such a fresh direction is required to be passed for constituting the Committee and submitting a report. I do not find that any such direction can be issued - 4 - and the case of the petitioners have already been considered in the light of the policy decision of the State Government as well as the Resolution taken relating to amendment in the Act. The writ application is dismissed. Petitioners have liberty to approach any other appropriate forum for this relief. (Mridula Mishra,J.) A.Kumar