IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13643 of 2000 1.KUMAR KANT MISHRA son of Late Makhan Mishra resident of village Arraha P.S.Pratapganj, District Supaul, Head Master of Chhuthru Das Prathmic Sah Madhya Sanskrit Vidyalaya,Pathraha (Bhawanipur) P.O.Bhawanipur P.S.Phulkaha District Araria. 2. Rudra Narayn Jha son of Late Hem Narain Jha,Assistant Teacher 3.Amod Prasad Singh son of bindeshwari Prasad Singh,Assistant Teacher. 4.Hari Lal Mehta son of not known,Assistant Teacher, All sl.no.2 to 4 are Assistant, Teachers of Chhutharo Das Prathmic Sah Madhya Sanskrit Vidyalaya, Pathraha (Bhawanipur) P.O.Bhawanipur P.S.Phulkaha District Araria. Versus 1.THE STATE OF BIHAR 2.The Special Director, Secondary Education,Bihar,Patna 3.The Bihar Sanskrit Siksha Board through its Chairman,Bihar,Patna. ----------- 8 3.2.2009. Heard counsel for the petitioners, the State as well as the counsel appearing for Bihar Sanskrit Siksha Board. Petitioners are the Headmaster and teachers of Chhutharo Das Prathmic Sah Madhya Sanskrit Vidyalaya,Pathraha (Bhawanipur) Araria. Their prayer is for a direction to the respondents to release fund for payment of arrears of salary to the teachers and non teaching staffs. Petitioners case is that the school in question was established in the year 1978 as in the concerned area there is no such school of middle standard. A piece of land was also donated by the villagers in the name of Governor on 4.4.1981. The school was inspected on 2.6.1981 by the S.D.O.Araria and recommendation was made for recognition of the school vide Memo no.450 dated 15.6.1981. Considering this report the school was also included in the category of 205 schools which were given recognition vide Memo 2 no.1308-1-316183 dated Shi 23.3.1985 by the Government of Bihar.. The Sanskrit Siksha Board approved the appointment of teachers with effect from the date of their appointment. They were also started getting their salary from Sanskrit Siksha Board. The grant in aid was allowed to the schools and teachers were paid their salary from 1.1.1985 to 31.3.1990. Thereafter it was discontinued on the basis of inspection report submitted that the school is not functioning for last three years. Counsel for the petitioner submits that the inspection report was prepared without spot verification of the school. Subsequently the district authorities on request of the school employees again made spot verification. On the direction of District Magistrate the S.D.O. conducted an enquiry and submitted report which is Annexure-3. From this report it transpires that it has got its land, building, requisite furnitures, books etc. Inspite of this report and recommendation by the District Collector as well as the S.D.O. grant in aid has still not been revived. Counter affidavit and supplementary counter affidavit has been filed on behalf of Sanskrit Siksha Board from which it transpires that Special Director, Secondary Schoool by his order contained in Annexure-A has disapproved for revival of grant in aid to the school relying on the first enquiry report wherein it was mentioned that the school is not in existence. Second enquiry report was not considered. No counter affidavit has been filed on behalf of the State. Considering all these facts I feel it proper that a fresh 3 enquiry should be conducted by the District Magistrate,Araria regarding genuineness of the claim of the teachers and whether the school is still functioning and fulfills requisite conditions for revival of the grant in aid to the school. The enquiry must be conducted by the District Magistrate within four weeks from the date of communication/production of a copy of this order. The report should be forwarded to the Special Director, Secondary Education, Bihar, Patna and the Special Director, Secondary Education, Bihar, Patna will pass a fresh order which should be based on the fresh enquiry report. The Special Director, Secondary Education Bihar, Patna must pass an order within four weeks from the date of the enquiry report. This application is disposed of. Let a copy of this order be handed over to the counsel appearing for the Bihar Sanskrit Siksha Board. Sss/- (Mridula Mishra, J)