CIVIL WRIT JURISDICTION CASE No.9429 OF 1993 (In the matter of an application under Article- 226 and 227 of the Constitution of India) 1. Madan Pandey, son of Shri Awadh Bihari Pandey, resident of Village- Sheopur, Sakra, Police Station, District- Siwan, Headmaster Sanatan Dharm Sanskrit Prathmik Sah Madhyamik Vidyalay, Arkpur, Post Office Sheopur Sakra, Polce Station- Asaon, District- Siwan. 2. Shambhu Nath Dwivedi, Son of Shri Paras Nath Dwivedi, Resident of Village- Babhnauli, Post Office- Kashila, Police Station- Asaon, District-Siwan. 3. Basant Pandey, Son of Late Rama Nand Pandey, resident of village- Sakara, Post Office- Sheopur Sakara, Police station- Asaon, District-Siwan. 4. Bharat Dubey, Son of Shri Ganesh Dubey, resident of Village & Post Office- Barauni, Police Station- Andar, District- Siwan. 5. Yogendra Pandey, Son of Shri Anirudh Pandey, resident of Village- Arkpur, Post Office- Sheopur Sakara, Police station- Asaon, District-Siwan. 6. Sheojee Pandey, Son of Shri Bhrigunath Pandey, resident and Post Office- Pihuli, Post Office- Sheopur Sakara, Police station- Asaon, District-Siwan. 7. Birendra Prasad Singh, Son of Late Ramashish Singh, resident of village and Post Office- Bishwania, Police Station- Darauli, District- Siwan. 8. Umesh Thakur, Son of Shri Ram Sagar Thakur, resident of Village- Arkpur, Post Office- Sheopur Sakara, Police station- Asaon, District-Siwan. 9. Chandrbhan Singh, Son of Shri ov village Arkpur, Post Office- Sheopur Sakara, Police station- Asaon, District-Siwan. 10. Bijendra Kumar Singh, Son of Shri Indradeo Singh Resident of village- Arkpur, Post Office- Sheopur Sakara, Police station- Asaon, District-Siwan. 11. Raj Kumar Prasad, Son of Late Birbal Prasad, resident of Village- Arkpur, Post Office- Sheopur Sakra, 12. Sheo Shanker Singh, Son of Late Keshav Singh, resident of Village- Arkpur, Post Office- - 2 - Sheopur Sakra, Police station- Asaon, District- Siwan. -------(Petitioners). Versus 1. THE STATE OF BIHAR 2. The Education Commissioner, Government of Bihar, New Secretariat, Patna. 3. Special Director, Secondary Education, Government of Bihar, New Secretariat, Patna. 4. Bihar Sanskrit Shiksha Board, Boring Cana Road, Gobindayan Bhawan, Patna. 5. Kameshwar Singh Sanskrit Vishva Vidyalay, Darbhanga. 6. Ram Sagar Thakur, Secretary, Sanatan Dharm Sanskrit Prathmik Sah Madhyamik Vidyalay, Arkpur, Post Office- Sheopur Sakra, Police Station- Asaon, District- Siwan. --------(Respondents). For The Petitioner :SHYAMA NAND JHA For The Respondent :(GA2) P R E S E N T THE HON'BLE MR. JUSTICE NAVIN SINHA THE HON'BLE MR. JUSTICE DINESH KUMAR SINGH Navin Sinha & D.K.S., JJ. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are stated to be the teachers of the ‘Sanatan Dharm Sanskrit Prathamik Sah Madhyamik Vidyalaya, Arkpur, Siwan seeking its upgradation to a ‘Madhyamik Vidyalaya’. The petitioners therefore, seek approval of the staffing pattern of the school and to grant them the scale of Madhyamik Teachers and grant them other benefits as is applicable to teachers of the Prathamik Sah Madhyamik Vidyala. Learned counsel for the State has rightly objected that it is for the Institution itself to claim - 3 - upgradation showing that it fulfills the requirements and that it exists as an entity in accordance with law with due recognition etc. We uphold the objection on behalf of the State. Though the claim is for upgradation and its take over, approval of staffing pattern, payment of salary to the teachers of the institution, the institution does not itself appear to be interested in the matter as otherwise the institution would itself have come as a writ petitioner seeking the aforesaid relief. We are therefore not inclined to interfere in the writ petition in its present form. We consider it proper to observe that we do not express any opinion in the matter and all aspects shall remain open for consideration when the institution approaches with a proper application. The writ application stands disposed. Patna High Court/ 11th of May, 2010/ N.A.F.R./KC ( Navin Sinha, J.) ( Dinesh Kumar Singh, J.)