Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The court disposed the writ petition, directing the BSEB to consider the petitioners' representation and decide within eight weeks, without ordering immediate recognition or release of funds.
Summary
The petitioners, a clerk and a teacher employed at Rajendra Pratap Singh Mangal Prasad Higher School in East Champaran, filed a writ petition seeking a direction to the Bihar School Examination Board (BSEB) to complete the inspection of their school, grant it recognition, and release government aid so that they and other staff could receive their salaries. They claimed that the inspection report had been submitted to the Director (Academy) of BSEB but no action had been taken, depriving them of remuneration. The court noted the limited nature of the grievance and, instead of ordering immediate recognition, directed BSEB to consider the petitioners' representation dated 06.01.2025 and to make a decision in accordance with law within eight weeks of receiving the order. No further relief was granted and the writ petition was disposed. The order emphasizes administrative compliance by BSEB rather than judicial intervention in the substantive matter.
Issues considered
- Whether the Bihar School Examination Board is legally bound to complete the inspection and grant recognition to the school upon petitioners' representation.
- Whether the court can direct the BSEB to release government aid and ensure payment of remuneration to the school staff.
Subjects
- school recognition
- government aid
- inspection
- Bihar School Examination Board
- writ petition
- remuneration
- education
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18977 of 2025
======================================================
1. Ajay Kumar Son of Late Raghunath Sah, Resident of Village- Bhangana
Chowk, Ward No.-3, P.S.- Jharokhar, District- East Champaran, currently
working as Clerk at Rajendra Pratap Singh Mangal Prasad Higher School,
Sripur Kavaiya, East Champaran.
2. Hari Kishor Prasad, Son of Shankar Prasad, Resident of Village- Sundarpur,
P.O.- Kavaya, P.S.- Jharokhar, District- East Champaran, currently working
as Mathematics Teacher at Rajendra Pratap Singh Mangal Prasad Higher
School, Sripur Kavaiya, East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Department of Education,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Director, Bihar School Examination Board, Government of Bihar,
Patna.
4. The District- Magistrate-cum-Collector, Motihari, District- East Champaran.
5. The District Education Officer, Motihari, District- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Adv.
For the Respondent/s : Mr. Anant Prasad Singh, SC-15
For the BSEB : Mr. Ankit Katriar, Adv.
Mr. Rishi Sinha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 31-01-2026 Heard the parties.
2. The petitioners who are claiming to be teacher and
peon of Rajendra Pratap Singh Mangal Prasad High School,
Shreepur, Kaivaya, have approached this Court seeking a
direction upon the respondent, Bihar School Examination Board
Patna High Court CWJC No.18977 of 2025(2) dt.31-01-2026
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(in short, BSEB) to complete the inspection and recognize the
school and further recommended to the State Government for
extending necessary government aid to the petitioners’ school so
that the petitioners along with others can get necessary
remuneration/salary.
3. Learned Advocate for the petitioners submitted that
the inspection of the school was conducted and the report has
also been submitted before the concerned authorities, including
the Director (Academy), BSEB, Patna, with a request to grant
recognition and release the government aid/fund, but till date the
same has not been done. For redressal of the grievance, the
school has also approached before the concerned authorities, but
till date no decision has been taken. In absence of the necessary
fund, the petitioners along with others have been deprived from
their remuneration.
4. Considering the limited grievance of the
petitioners, this Court instead of directing the concerned
respondents to seek instruction(s) and file counter affidavit,
deems it fit and proper to dispose off the writ petition with a
direction to the respondent no.3 to consider the representation of
the petitioners as placed at Annexure-P-8 dated 06.01.2025 and
take appropriate decision in accordance with law, preferably
Patna High Court CWJC No.18977 of 2025(2) dt.31-01-2026
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within a period of eight weeks from the date of
receipt/production of a copy of this order.
5. The writ petition stands disposed off.
(Harish Kumar, J)
shivank/-
U
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