IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6521 of 1997 1. BAIDYA NATH JHA son of Late Dhannu Jha resident of village Gonauli, P O. and P S. Anhara Tharhi, (Jhanjharpur) District Madhubani, Head Master of Prathmik Sah Madhya Vidhyalaya Kashmagaur (Jhanjharpur) Madhubani. 2. Siya Ram Mandal son of Mauje Lal Mandal, assistant teacher resident of village Kashmagau (Jhanjharpur) district, Madhubani. 3. Ganga Nath Jha son of Sri Jib Nath Jha, resident of village Gonauli, P.O and P.S. Anharathari district Madhubani (Assistant Teacher). 4. Harishankar Jha son of Ganga Nath Jha, (Assistant Teacher) resident of village Kashmagaur, P O and P.S. Anharatharhi District Madhubani. 5. Shiv Shankar Jha (Assistant Teacher) son of Late Jaldhari Jha, resident of village Gonouli (Jhanjharpur) Madhubani. 6. Shiv Shankar Jha (Assistnat Teacher) resident of village Gonauli, P O. and P.S. Anharatharhi (Jhanjharpur) District Madhubani… Petitioners. Versus 1. THE STATE OF BIHAR 2. The Commissioner Cum Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna. 3. the Additional Secretary, Secondary Education Deptt. Patna. 4. The Special Director (Sanskrit) Secondary Education, New-Secretariate, Patna. 5. the Bihar Sanskrit Shiksha Board through its Secretary, Boring Canal Road, Patna. 6. The Collector, Madhubani. 7. Sri Chandra Shekhar Jha son of late Tej Nr. Jha resident of Gonouli, P O and P.S. Jhanjharpur, District Madhubani Secretary of the Managing Committee of Prathmik Sah Madhya Sanskrit Vidyalaya, Kashmagaur Madhubani. ……. Respondents. ----------- 5. 13.07.2010 Heard Mr. Purushottam Kumar Jha, learned counsel for the petitioners, Mr. Vijay Kumar Pandey, learned counsel for the Bihar State Sanskrit Shiksha Board as also learned counsel for the State. The prayer of the petitioners in this writ petition reads as follows:- “(i) For issuance of a writ in the 2 nature of a writ of certiorari for quashing the order dt. 2.10.96 passed by respondent no. 2 and also for quashing the office order dated 17.9.94 issued by respondent no. 3 the Additional Secretary to the Government of Bihar, Department of Primary Secondary and Adult Education Patna (contained in Annexure 6 and 5) (ii) For issuance of a writ in the nature of a writ of mandamus directing and commanding the respondents to restore the recognition of the petitioner school, Namely Prathmik Sah Madhya Sanskrit Vidyalaya, Kashmagaur, Madhubani, granted by the Government vide its Notification Memo No. 131(C)- 453 dated 23.3.85 which has been cancelled by the respondent no. 2 vide letter dt. 17.9.94 (Annexure-5) (iii) For a direction to the respondents to make payment of all due salary to the petitioners who are approved teachers working against the sanctioned posts of the said school and have been paid their salary since 1.1.85 to 31.3.86 and then from 1.4.89 to 31.3.1990.” Mr. Jha with reference to the aforementioned prayer would submit that the view taken by the authorities while passing the impugned order as contained in Annexure 5 and 6 that Prathmik Sah Madhya Sanskrit Vidyalaya, Kashmagaur, Madhubani hereinafter referred to as the School did not fulfil the requisite condition as laid down by the State Government 3 resolution dated 18.10.1976 for grant of recognition of Sanskrit Schools is apparently based on error of record. In this context, he would refer to certain documents including annexure-1 (the deed of gift in the name of the Governor of the year 1981) to assail the finding of the Education Commissioner recorded in the impugned order dated 2.10.1996. From the reading of the impugned order passed by the Education Commissioner dated 2.10.1996, it would be however clear that before him the petitioners had produced only a registered deed of gift in the name of the Governor of Bihar dated 4.3.1986 and/or a sale deed dated 27.10.1986. It was on the basis of these documents the Commissioner had come to a finding that; “… It is difficult to understand how the school was given recognition in 1985 when it did not have the land. The petitioner could not give any evidence to prove the fact that the building of the school was completely damaged…..” In the opinion of this Court, if the facts now pleaded in this writ petition including the execution of deed of gift of 1981 were not placed before the authority the same cannot be raised and relied for the first time in a 4 writ petition before this Court. Counsel for the petitioner however would submit that the Commissioner had also committed an error of record in not noticing the deed of gift of the year 1981 inasmuch as the petitioners’ school was earlier recognized by Government order dated 23.3.1985 wherein its name was placed at Serial No. 74 and the cancellation of such recognition was made without giving a show-cause notice and in fact only on the basis of some enquiry behind the back of the petitioners. This Court in order to balance the equity would give at least one more opportunity to the petitioners to prove that the school in question had fulfilled all the requisite conditions as laid down in the Government Resolution dated 18.10.1976. Such question in fact having been decided by the earlier Education Commissioner, this Court would direct the Principal Secretary of the Human Resources Development Department to examine the claim of the petitioners. That being so, this writ petition is disposed of with a liberty to the petitioners to file a self-contained representation before the Principal Secretary, Human 5 Resources Development Department (Education Department) enclosing all the relevant documents for meeting the reasoning given in the impugned order dated 17.09.1994 and 02.10.1996 as with regard to cancellation of the recognition of the school in question. In the event, such representation is filed by the petitioner, the Principal Secretary, Human Resources Department without being prejudiced by the earlier order passed by his predecessor on 2.10.1996 would take his independent decision strictly in accordance with law on touchstone of required condition as laid down in the Government Resolution dated 18.10.1976, which was in operation at the time of earlier grant of recognition to the school in question in 1985.. With the aforementioned observation and direction, this writ petition is disposed of. kanchan/ (Mihir Kumar Jha, J.)