STATE OF BIHAR Vs. CHANDRADIP RAI

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment of the Patna High Court dated May 23, 1980 by which the High Court directed the appellant to take steps for the proper management of the Middle School, Bela, in the district of Patna and to pay salary to the respondents Nos. 2 to 6 who are teachers of the school, in accordance with law.

(2.) The learned Attorney General appearing an behalf of the State of Bihar, rightly makes a grievance that no such direction could be made by the High Court. The Bihar Non-Government Elementary Schools (Taking over of Control) Act, 1976 enacted for the better organisation and development of Elementary Education in the State of Bihar. Sub-secs. (2) and (3) of the Act provide as follow:-

(3.) It is evident that the school has not been taken over by the State Government. The District Committee never recommended for the taking over of control and management of the school under sub-sec. (2) of S. 3 of the Act. There is also no notification issued by the State Government under sub-sec. (3) of S. 3 of the Act. The school not having been taken over by the State Government under S. 3 of the Act, the consequences set forth under sub-sec. (2) of. S. 4 do not ensue. That being so, the respondents Nos. 2 to 6 were not entitled to the benefit of sub sec. (2) of S. 4 of the Act. The High Court was, therefore, not justified in issuing of writ of mandamus directing the State Government to take steps for the proper management of the school or for payment of salary to the respondents. Finding it difficult to support the, judgment, counsel for the respondents Nos. 2 to 6 seeks leave to withdraw the writ petition filed in the High Court. We accord leave prayed for.