IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16022 of 2004 NASIM AKHTAR ANSARI SON OF MD. MOHSIN KAMAL, RESIDENT OF VILLAGE- DAMODARPUR, POLICE STATION- BHAGWANPUR, DISTRICT- BEGUSARAI – PETITIONER. Versus 1. THE STATE OF BIHAR , THROUGH THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, BEGUSARAI. 4. DEPUTY DEVELOPMENT COMMISSIONER, BEGUSARAI, DISTRICT- BEGUSARAI. 5. DISTRICT SUPERINTENDENT OF EDUCATION BEGUSARAI, DISTRICT- BEGUSARAI. 6. BLOCK DEVELOPMENT OFFICER-CUM- CHAIRMAN, EDUCATION COMMITTEE, BHAGWANPUR BLOCK, POLICE STATION- BHAGWANPUR, DISTRICT- BEGUSARAI. 7. PRAKHAND EDUCATION OFFICER-CUM- SECRETARY, EDUCATION COMMITTEE, BHAGWANPUR, POLICE STATION- BHAGWANPUR, DISTRICT- BEGUSARAI. 8. THE HEADMASTER URUDU LOWER PRIMARY SCHOOL (MOKTAB) DAMODARPUR, POLICE STATION- BAGWANPUR, DISTRICT- BEGUSARAI. ----------- For the petitioner: Mr. Gajendra Kumar Jha-2, Adv. For Respondent no. 1 to 8 : Mr. Alok Kr. Rahi, A.C. to AAG 2 -------- 4/ 28-04-2011 Heard the parties. 2. The petitioner has filed the present writ petition raising a grievance that at Lower Primary (Maktab) School, Damodarpur, Bhagwanpur (East) in the district of Begusarai, adequate number of Urdu knowing teachers are not being posted by the respondent-authorities, though posts for such teachers have already been sanctioned by a valid order, and right to education has been incorporated 2 in Part III of the Constitution of India by the Constitution (Eighty-Sixth Amendment) Act, 2002. 3. Learned counsel for the petitioner submits that during the pendency of the present writ petition, the school in question has been upgraded as Middle School and number of students have gone up, yet the sanctioned posts are lying vacant and the Urdu knowing teachers, besides others, are not being posted there in that school causing hardships to the school going children and it hampers their proper academic prospects. 4. The present writ petition was filed on 17.12.2004. The matter has remained pending before this Court for more than six years. Unfortunately, the respondents have chosen not to file any counter affidavit till date, though at the time of filing the present case, two sets of writ petition were served upon learned Advocate General only to facilitate a Law Officer, appearing in this case on behalf of the Respondents, to seek instructions and file counter affidavit without waiting for a formal order being passed by this Court for such purpose. 5. This is not the situation in the present case only, but in many other similar cases, this Court finds that counter affidavits have not been filed by the respondent authorities, though matter remained pending for quite a long time. In many other cases, even after directions of 3 this Court for filing counter affidavit, orders have not been complied with and for one reason or the other, counter affidavits are not being filed on behalf of the official respondents causing unnecessary delay in disposal of the proceedings before this Court, and thereby, the litigants at large unnecessarily suffer due to callous and careless approach of the authorities of the respondent-State. Matter seems to be very serious and requires immediate attention not only of the learned Advocate General, Bihar, Patna, but also of the highest functionary of the respondent-State, so that in future in similar other proceedings, such embarrassing situation is not required to be faced by the Law Officers representing the respondent-State and its officials, and this Court is not compelled to pass very stern orders directing physical presence of the top officers of the State, leading to affect their normal administrative duties/functions. It is expected that the learned Advocate General, Bihar, and, the Chief Secretary, Government of Bihar, shall look into the matter with all seriousness and shall promptly take corrective measures by issuing appropriate directions/ orders to all concerned. 6. Now, coming to the merit of the case, since counter affidavit has not been filed on behalf of the Respondent-State and final decision is required to be taken 4 by the respondent-District Magistrate in consultation with the respondent-District Superintendent of Education, Begusarai, for redressal of the valid grievances of the petitioner, in that view of the matter, the petitioner is hereby directed to appear before the respondent-District Magistrate within a period of four weeks from today with a detailed representation along with a certified copy of the present order raising all his grievances, which have been raised in the present proceeding. If such a representation is filed by the petitioner within the time prescribed with a certified copy of the present order, then the respondent- District Magistrate shall be obliged to consider the grievances of the petitioner and shall further be obliged to take all remedial measures for redressal of valid grievances within a period of three months from the date of filing of such representation. 7. It goes without saying that if no such representation is filed by the petitioner within the time prescribed by this Court with a certified copy of the present order, then it shall be construed that the writ petition filed on behalf of the petitioner has finally been rejected by this Court. 8. With the aforesaid observations/directions, the present writ petition stands finally disposed of. 9. Let a copy of the present order be 5 immediately served upon the learned Advocate General, Bihar, Patna, for considering the observations made in paragraph no. 4 and 5 and for taking corrective measures with respect to other litigations pending before this Court. 10. Let a copy of this order be also forwarded immediately to the Chief Secretary, Government of Bihar, Patna, who in turn shall be obliged to consider the observations made in paragraph no. 4 and 5 of the present order for taking all possible corrective measures and shall further be obliged to issue an appropriate direction to the officers of the State of Bihar for taking prompt action with regard to the litigations pending before this Court. 11. Let a copy of this order be handed over to Sri Alok Kumar Rahi, learned A.C. to A.A.G. 2, who, in turn, shall place this order before the learned Advocate General, Bihar, and shall forward a copy of this order to the Chief Secretary and other concerned officials for taking prompt action in this matter particularly in the light of observations made in paragraph no. 4 and 5 of the present order. BTiwary/ ( Birendra Prasad Verma, J.)