IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.8364 OF 2001 BINOD KUMAR SHARMA, SON OF PANDIT DHANANJAY SHARMA, RESIDENT OF VILLAGE, BALUA, P.S. MASHRAKH, DISTRICT SARAN…………………………….PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE SPECIAL DIRECTOR, SECONDARY EDUCATION, DEPARTMENT OF SECONDARY, PRIMARY & ADULT EDUCATION, GOVERNMENT OF BIHAR, PATNA 3. BIHAR SANSKRIT SHIKSHA BOARD THOUGH ITS SECRETARY, 414/F, „GOVINDAYAN‟BHAVAN, EAST BORING CANAL ROAD, PATNA 4. THE CHAIRMAN, BIHAR SANSKRIT SHIKSHA BOARD, 414/F, „GOVINDAYAN‟ BHAVAN, EAST BORING CANAL ROAD, PATNA 5. THE MANAGING COMMITTEE THROUGH ITS PRESIDENT, GAYATRI SANSKRIT UCCHA VIDYALAYA, BARWA GHAT, P.S. MASHRAKH, DISTRICT SARAN 6. THE SECRFTARY, MANAGING COMMITTEE, GAYATRI SANSKRIT UCCHA VIDYALAYA, BARWA GHAT, P.S. MASHRAKH, DISTRICT SARAN 7. RAJESHWAR SINGH, SON OF SHRI RAM AWADH SINGH, RESIDENT OF VILLAGE & P.O. BHARAULI, P.S. MASHRAKH, DISTRICT SARAN……….RESPONDENTS ----------- 22 08.02.2010 The matter relates to appointment of Incharge Headmaster of Gayatri Shanskrit Uchch Vidyalaya, Barwa Ghat within Mashrakh P.S. in the District of Saran. After some argument, learned counsels for the parties agree that the matter be remitted back to the Bihar Sanskrit Shiksha Board (hereinafter referred to as “the Board”) for consideration as to, in the present situation, who is eligible and entitled to act as Incharge Headmaster. Learned counsels agreed that - 2 - Ordinance issued by the State Government in respect of taking over of Shanskrit schools lapsed and, therefore, this Court passed the judgment with the finding that the Sanskrit schools in the State have reverted back to the status of private schools. They also submit that against the said judgment, matter is pending before the Hon‟ble Apex Court, and the issue being significant one, the same has been referred to a larger Bench as is yet to decide finally. Therefore, it is agreed that whatever the Board will decide, will be subject to final result of the matter before the Hon‟ble Apex Court. Therefore, with the agreement of the parties, the writ application is disposed of. Parties will appear before the Chairman of the Board within a period of one month with a copy of this order. Upon appearance of the parties, Chairman will fix a firm date for hearing of both of them and shall inform the parties to appear before him on the date personally or through their representatives with all materials relied upon by them. Thereafter, the Chairman of the Board will hear the parties and decide - 3 - strictly on merits as to who is eligible and entitled to function as Incharge Headmaster of the school, which order will be subject to final result of the matter before the Hon‟ble Apex Court. This decision must be taken by the Chairman within a period of two months from the date fixed by him. The Chairman will decide the matter without taking into account any earlier order passed by him or by any higher authority. With the aforesaid observations and directions, this application is disposed of. B.T (J. N. Singh, J.)