Patna High Court
Munjee SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The writ petition is disposed of without granting relief, directing the petitioners to file a representation as per the precedent in C.W.J.C. No. 5278 of 2005.
Summary
The petitioners, four assistant teachers, filed a writ petition seeking a declaration that their school, Mangan Kanya Madhya Vidyalaya Chapkahi, Supaul, is a non‑government middle school established before 1 January 1971 and therefore taken over by the State of Bihar, entitling them to salary and allowances. They also challenged a 9 July 2019 memo by the Additional Chief Secretary, Department of Education, which denied such payment. The State argued the petition was filed belatedly and that identical issues had already been decided in earlier cases. The Court noted the relevance of C.W.J.C. No. 5278 of 2005 and C.W.J.C. No. 18877 of 2024, and directed the petitioners to file a detailed representation with supporting documents within four weeks before the respondent. The Court held that the writ petition would be disposed of in identical terms and any further relief would depend on the representation. Consequently, the petition was dismissed pending compliance with the representation requirement.
Issues considered
- Whether the school qualifies as a non‑government middle school established before 01‑01‑1971 and thus taken over by the State, making the teachers entitled to salary and allowances.
- Whether the memo dated 09‑07‑2019 denying salary to the petitioners is legally valid.
- Whether the petitioners may obtain relief through a writ petition or must first approach the concerned authorities with a representation.
Subjects
- non‑government school
- state takeover
- teachers' salary
- writ petition
- education department
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8276 of 2025
======================================================
1. Munjee Singh Son of Bihari Singh, Resident of Village-Khargpura, P.S.
Sikraul, District- Buxar, presently posted and working as Assistant Teacher,
Mangan Kanya Madhya Vidhyalaya Chhapkahi Supaul, District- Supaul.
2. Priyanka Kumari Wife of Shri Naresh Sardar, Resident of Village-
Balabakhar Gahuma beraiya, P.S. Fulparas, District- Madhubani, Presently
posted and working as Assistant Teacher, Mangan Kanya Madhya
Vidhyalaya Chapkahi Supaul, District- Supaul.
3. Annu Kumari Wife of Chandan Kumar, Resident of Village-Dhamsaini Ward
No. 08, Solindabad Saharsa, P.O. and P.S.- Saharsa, District- Saharsa
presently posted and working as Assistant Teacher Mangan Kanya Madhya
Vidhyalaya Chhapkahi Supaul, District- Supaul.
4. Juhi Jaiswal Daughter of Shiv Shankar Prasad, Resident of Road No.01
Pratap Nagar No. 07, Mahsaul Urf Rampur Lachmi, Sitamarhi, Bazar
Sitamarhi Dumra, P.S. Sitamarhi, District-Sitamarhi presently posted and
working as Assistant Teacher, Mangan Kanya Madhya Vidhyalya
Chhapkahi, Supaul, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. The Principal Secretary Department of Education cum Additional Chief
Secretary Education Government of Bihar, Patna.
3. The Secretary Education Department, Government Bihar, Patna.
4. The Director Primary Education, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Singh, Adv.
For the Respondent/s : Mr. Akhileshwar Singh, AC to GA-2
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 06-01-2026 Heard the parties.
2. The petitioners have approached this Court, seeking
a declaration to hold that the petitioner school is a Non-
Government Middle School, established and recognized by the
competent authorities much before the cut-off dates i.e.
Patna High Court CWJC No.8276 of 2025(3) dt.06-01-2026
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01.01.1971 and taken over by the State Government. Besides
the aforesaid relief, the petitioner has also challenged the order
contained in memo no. 740 dated 09.07.2019 passed by the
Additional Chief Secretary, Department of Education whereby
the payment of salary and allowances to the petitioners and
other identically situated teachers of Mangan Kanya Madhya
Vidhyalaya Chapkahi, Supaul as well as other schools have been
turned down.
3. Without delving into the merits of the case learned
Advocate for the petitioners submits that the case of the
petitioners is squarely covered by the judgment by the order
passed by the Court in C.W.J.C. No. 5278 of 2005 and other
analogous cases duly reported in 2007 (Suppl.) PLJR 337.
4. Learned Advocate for the State opposed the prayer
for the petitioners and submits that besides the fact the
petitioners have approached this Court much belatedly, identical
issues were considered by different Bench of this Court and the
claim of the petitioners and other identically situated persons
have been turned down.
5. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the limited submission of the petitioners that the case of the
Patna High Court CWJC No.8276 of 2025(3) dt.06-01-2026
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petitioners is squarely covered with C.W.J.C. No. 5278 of 2005
and other identically situated persons who have approached this
Court for identical relief in C.W.J.C. No. 18877 of 2024, they
have been extended liberty to approach before the concerned
authorities by filing an appropriate representation alongwith the
order passed in C.W.J.C. No. 5278 of 2005, the present writ
petition is also disposed off in identical terms directing the
petitioner to file a detailed representation alongwith the
supporting documents and the order passed in C.W.J.C. No.
5278 of 2005 before the respondent no. 2, preferably within a
period of four weeks’ from today.
6. In case such a representation is filed, the same shall
be considered and disposed off by a reasoned and speaking
order.
7. Suffice it to observe that if the claim of the
petitioners find favour, necessary consequential order shall be
passed, preferably within a further period of twelve weeks’.
8. The writ petition stands disposed off.
(Harish Kumar, J)
supratim/-
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