Patna High Court
Bishnu Deo Kapari Sanskrit Primary-cum-Middle SchoolversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- HARISH KUMAR
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
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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
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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
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