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Patna High Court

Bishnu Deo Kapari Sanskrit Primary-cum-Middle SchoolversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed as there is no legal basis to order payment of salaries to staff of a school whose recognition has been cancelled.

Summary

The petitioner, Secretary of Bishnu Deo Kapari Sanskrit Primary‑cum‑Middle School, sought a writ directing the State of Bihar and related education authorities to pay salaries to the school's teaching and non‑teaching staff. The court noted that, following its earlier order, the Education Department ordered an enquiry which found the school lacked sufficient infrastructure and had been non‑functional for several years, recommending cancellation of its recognition and denial of financial assistance. The Bihar Sanskrit Shiksha Board subsequently cancelled the school's recognition in accordance with the enquiry report. The court held that, given these facts, there was no basis to entertain the writ petition for salary payment. Consequently, the petition was dismissed, though the petitioner was advised that he may pursue any other legal remedy available under the law.

Issues considered

  • Whether the petitioner is entitled to a court‑ordered direction for payment of salaries to staff of a school that has been found non‑functional and whose recognition has been cancelled.
  • Whether the writ petition is maintainable in view of the administrative enquiry and the cancellation of the school's recognition.

Subjects

  • salary payment
  • school recognition
  • writ petition
  • education department
  • administrative enquiry
  • cancellation of recognition
  • public funds
  • administrative law

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1339 of 2023
     ======================================================
     Bishnu Deo Kapari Sanskrit Primary-cum-Middle School Dhapari, Police
     Station- Khargpur, District- Munger, through its Secretary Bishnu Deo Yadav
     aged about 70 years (male) son of Hira Lal Yadav, Resident of Village-
     Khajuri, Police Station- Shambhuganj, District- Banka.

                                                                ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through the Principal Secretary, Education Department,
     Govt. of Bihar, Patna.
2.   The Joint Secretary, Secondary Education, Education Department, Govt. of
     Bihar, Patna.
3.   The Special Director, Secondary Education, Govt. of Bihar, Patna.
4.   The Chairman, Bihar Sanskrit Shiksha Board, Back-Harding Road, Patna.
5.   The Bihar Sanskrit Shiksha Board, Back-Harding Road, Patna through its
     Secretary, Patna.
6.   District Magistrate, Munger.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Santosh Kumar Verma, Adv.
     For the State          :       Mr.Jitendra Kr. Roy 1 (SC13)
                                    Mr. Hitesh Suman, AC to SC 13
     For the Board          :       Mr. Satyam Shivam Sundaram, Adv.
                                    Mr. Ankit, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                         ORAL JUDGMENT
     Date : 12-02-2026
              Heard the parties.

                 2. The petitioner, Secretary of Bishnu Deo Kapari

      Sanskrit Primary-cum- Middle School, Dhapari, has approached

      this Court seeking a direction upon the respondents to make

      payment of salary to the teaching and non teaching staff of the

      petitioner's School.

                 3. During the pendency of the writ petition, in
Patna High Court CWJC No.1339 of 2023 dt.12-02-2026
                                           2/3




         compliance with the order of this Court dated 11.09.2025 passed

         in the present case, the Secretary, Education Department, Bihar

         directed the District Magistrate, Munger to submit an enquiry

         report with respect to the status of the School in question.

         Accordingly, a Three-Member Committee headed by the

         District Education Officer, Munger inspected the School in

         question and submit a detailed report. The report, as contained

         in letter No. 1303 dated 10.10.2025 has been placed on record

         which clearly        demonstrates that the School is not having

         sufficient infrastructure and non functional for the last several

         years and thus the Committee recommended for cancellation of

         recognition of the said School and not provided any financial

         assistance. The District Magistrate also apprised the entire facts

         to the Secretary, Education Department. Accordingly, the

         Education Department, Bihar directed the Secretary of the Bihar

         Sanskrit Shiksha Board, Patna to cancel the recognition of the

         School in question in accordance with the relevant provisions

         vide letter No. 3000 dated 11.12.2025.

                   4. Having considered the submissions advanced and

         taking note of the afore noted position, this Court does not find

         any reason or occasion to entertain the present writ petition.

                   5. Learned Advocate for the petitioner, at this juncture,
             Patna High Court CWJC No.1339 of 2023 dt.12-02-2026
                                                        3/3




                      submits that he may be extended liberty to challenge the afore

                      noted order by filing an appropriate application before the

                      competent authority/forum, in accordance with law, after

                      rectification of the deficiency as has been disclosed in the joint

                      enquiry report.

                                6. Be that as it may, this Court is not acceded to the

                      prayer of the petitioner. Accordingly, the present writ petition

                      stands dismissed. However, the petitioner is at liberty to avail

                      the remedy available under the law.




                                                  (Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date            18 .02.2026
Transmission Date


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