Petitioners sought writ for takeover of a school and back wages under Bihar Non Government Elementary School Act, 1976, citing fresh cause of action from their recent criminal acquittal. Court refused direct interference but observed petitioners could approach State authorities.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23177 of 2018
======================================================
... ... Petitioners
Versus
| =============== Appearance : |
========== | ... ... Respondent/s ============================= |
|---|---|---|
| For the Petitioner/s | : Mr. |
Kamal Kishore Mishra |
| For the Respondent/s =============== |
: Mr. ========== |
Umesh Narayan Dubey, AC to GP-27 ============================= |
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
Patna High Court CWJC No.23177 of 2018(2) dt.05-12-2018
2/4
ORAL ORDER
2 05-12-2018
Following is the relief sought in the present writ
application:-
“That this writ application is being filed for issuance of a proper writ to command the respondents to give the order of Take over of Shri Firangi Singh Middle School Rajwara, Atari, in the District of Gaya as per the provision mentioned in Sub Section 4 of Section 3 of the Bihar Non Government Elementary School (taking over of Management and Control) Act, 1976 (hereinafter mentioned as “The Act”) and also command the respondents to treat the said School as continuing and in consequence thereof make payment of the back wages to the petitioners.”
With the same relief, the same petitioners had earlier approached this Court nearly three decades ago by filing a writ application giving rise to CWJC No. 7835 of 1989, which was disposed of by a Division Bench of this Court by judgment and order dated 03.02.1994, with a direction to the State Government to consider the petitioners’ plea afresh upon obtaining a feasibility report from a Committee constituted in accordance with the provisions of sub-Section 4 of Section 3 of the Bihar Non-Government Elementary Schools (Taking over of
Patna High Court CWJC No.23177 of 2018(2) dt.05-12-2018 3/4
Management and Control) Act, 1976.
It appears that there came to be instituted a criminal case in 1991, which was investigated by the Central Bureau of Investigation on the allegation that the petitioners obtained the order from this Court based on false and fictitious report regarding taking over of the School. The petitioners were put on trial. They have, however, been acquitted by the judgment and order dated 23.03.2017, passed by learned Special Judge, CBI2, Patna. The petitioners have again approached this Court with the same prayer on the ground that situation has changed in view of their acquittal recorded by the trial court.
Mr. Mishra, learned counsel appearing on behalf of the petitioners, contends that acquittal recorded by the learned Special Judge C.B.I., gives the petitioners a fresh cause of action for raising again the plea of taking over of the School, in question.
If, according to the petitioners, their acquittal gives them any fresh cause of action, they could have approached the State-respondents for the needful, in accordance with law. This Court does not find any reason to interfere at this stage, based on the pleadings on record.
This writ application is, accordingly, disposed of with
Patna High Court CWJC No.23177 of 2018(2) dt.05-12-2018 4/4
an observation that the petitioners shall be at liberty to approach the authority under the State of Bihar for the relief, which the petitioners are seeking.
(Chakradhari Sharan Singh, J)
Ashish/-
U
1 issue framed by the court
Whether petitioners' acquittal in a criminal case regarding false report creates a fresh cause of action for writ relief under the Bihar Non Government Elementary School Act, 1976.
1 provisions across 1 enactments
Jai Nandan Prasad Singh @ Jainandan Singh Ors.
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
