Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.290 of 2010 ====================================================== 1. Kumar Kant Mishra S/O Late Makhan Mishra R/O Vill-Arraha, P.S Pratapganj, Distt- Supaul, Headmaster Of Chhutharu Prathmik-Sah- Madhya-Sanskrit Vidyalaya, Pathraha (Bhawanipur), P.S Phulkaha, Distt- Araria 2. Rudra Narayan Jha S/O Late Hem Narayan Jha Assistant Teacher, Chutharu Das Prathmik Madhya Sanskrit Vidyalaya, Pathraha (Bhawanipur), P.S- Phulkaha, Distt- Araria .... .... Petitioner/s Versus 1. State Of Bihar through Principal Secretary, Department Of Human Resources Development, Govt. Of Bihar, Patna, Namely Shri Anjani Kumar, Son of Name Not Known To the Petitioner 2. Special Director Secondary Education, Bihar, Patna, Through Shri Dhananjay Kumar, S/O Name Not Known To the Petitioner 3. District Magistrate, Araria Namely Sri M. Sarvanan, Son of Name Not Known To The Petitioners 4. Sub-Divisional Officer, Forbesganj, District Araria Namely Sadan Lal Jamadar, Son Of Name Not Known To The Petitioner 5. Bihar Sanskrit Shiksha Board, Through Its Chairman, Bihar, Patna, Namely Sh. Sidheshwar Parasad Son Of Name Not Known To The Petitioner .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18 04-03-2013
Legal Reasoning
Heard Mr. Manish Kumar for the petitioners and AC to GA-8 for the State. Petitioners seek initiation of a contempt proceeding to punish the opposite parties for having wilfully/deliberately acted in gross disregard of the order dated 3.2.2009 passed on their writ petition being CWJC No. 13643 of 2000 ( Annexure-1). The operative portion of the said order reads thus:- “Considering all these facts I feel it proper that a fresh enquiry should be Patna High Court MJC No.290 of 2010 (18) dt.04-03-2013 Page 2 /5
Decision
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 the Special Director, forwarded 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.” to Diverse show causes have been filed on behalf of the concerned opposite parties. Additional show cause titled as 3rd Additional show cause on behalf of opposite party no.2 (Special Director, Secondary Education) has been filed enclosing therewith the order passed by the Special Director, Secondary Education contained in memo no. 44 dated 15.1.2013 ( Annexure A to the show cause). It is stated therein that in the light of the order passed by this Court a fresh inspection report was submitted by the District Magistrate Araria whereafter the recommendation of the Bihar Sanskrit Shiksha Board was obtained and the matter was considered in the light of the provision of law and the Rules framed thereunder and it was found that the school did exist but Patna High Court MJC No.290 of 2010 (18) dt.04-03-2013 Page 3 /5 did not qualify for financial grant. Accordingly, while according recognition, it was made without financial burden/grant. Relevant part of the said order is extracted hereinbelow:- ftØ ugha gS “mi;qZDr of.kZr rF;ksa ls ;g Li"V gksrk gS fd ;g fo|ky; Hkwfe] iqLrdky;] lqj{kk dks"k vkfn 'kÙkksZa dh iwfrZ djrk gSA Hkou ds ekeys esa dejksa dh la[;k visf{kr gS fdUrq Hkou dk vkdkj izdkj dk dksbZ tcfd vf/klwfpr fu;ekoyh esa bldk ftØ gSA pwafd ;g fo|ky; lqnwj xzkeh.k {ks= esa vofLFkr gSA djhc nks fdyksehVj ds vkl ikl vU; dksbZ xkao Vksyk ugha gSA bl okMZ esa ,d fdyksehVj dh nwjh ij ,d ljdkjh fo|ky; Hkh gSA ujirxat iz[kaM vUrxZr ;g ,d ek= izkFkfed lg e/; laLd`r fo|ky; gksus dk rF; fujh{k.k izfrosnu esa vafdr gSA fcgkj vjktdh; fo|ky; ¼izLohd`fr ,oa 'kÙksZa½ fu;ekoyh 1993 vf/klwpuk la[;k&793 fnukad 18-06-1994 ds vkyksd esa bl fo|ky; dh izLohd`fr foÙk jfgr gksxh rFkk ,slh izLohd`fr ds QyLo:i jkT; foÙkh; nkf;Ro izfrLFkkfir ugha gksxkA bl 'kÙkZ ij mDr fo|ky; dks izLohd`fr iznku dh tkrh gSA ij dksbZ laLd`r vr,o] ljdkj bl izdkj C.W.J.C. No.-13643/2000 esa ekuuh; mPp U;k;ky; }kjk ikfjr U;k;kns’k fnukad 03-02-2009 ds vkyksd esa bl ekeys dks fu"ikfnr fd;k tkrk gSA” Learned counsel for the petitioners submits that in the light of the prayer made by the petitioner which has been noticed by the writ Court the order passed by the respondent Special Director, Secondary Education is not full compliance of the order as the grant in aid has been refused by the said order. Learned counsel for the State, on the other hand, Patna High Court MJC No.290 of 2010 (18) dt.04-03-2013 Page 4 /5 submits that from the materials on record, it would appear that the recognition was earlier accorded/ granted some times in the year 1990-91. In the light of the order of this court the matter was again examined/considered in the light of the enquiry report and the Rules framed under Section 22 of the Bihar Sanskrit Shiksha Board Rules 1981 and notified on 18.6.94 and it was found that the school did not qualify for grant of recognition with financial aid/grant. A copy of the said Rule has been handed in by learned counsel for the petitioners. A copy thereof has also been given to Mr. Manish Kumar, learned counsel for the petitioners. Considering the facts stated in the additional show cause and the order passed by the Special Director as contained in Annexure-A thereof, this Court is not satisfied that the opposite parties have acted in breach of the order of this Court. Accepting the cause shown by the opposite parties particularly the opposite party no.2, this Court does not propose to proceed further in the matter. The contempt application is dismissed. The opposite parties are discharged. The petitioners would, however, be at liberty to raise a grievance in this regard before the appropriate forum/authority in accordance with law. Patna High Court MJC No.290 of 2010 (18) dt.04-03-2013 Page 5 /5 (Kishore Kumar Mandal, J) Shyam/-