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Patna High Court

Munjee SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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
                                                         3/3




                       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/-

U


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