MADAN PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the State. The petitioners are stated to be the teachers of the Sanatan Dharm Sanskrit Prathamik Sah Madhyamik Vidyalaya, Arkpur, Siwan seeking its upgradation to a Madhyamik Vidyalaya. The petitioners therefore, seek approval of the staffing pattern of the school and to grant them the scale of Madhyamik Teachers and grant them other benefits as is applicable to teachers of the Prathamik Sah Madhyamik Vidyala.

(2.) LEARNED counsel for the State has rightly objected that it is for the Institution itself to claim upgradation showing that it fulfills the requirements and that it exists as an entity in accordance with law with due recognition etc. We uphold the objection on behalf of the State. Though the claim is for upgradation and its take over, approval of staffing pattern, payment of salary to the teachers of the institution, the institution does not itself appear to be interested in the matter as otherwise the institution would itself have come as a writ petitioner seeking the aforesaid relief. We are therefore not inclined to interfere in the writ petition in its present form. We consider it proper to observe that we do not express any opinion in the matter and all aspects shall remain open for consideration when the institution approaches with a proper application. The writ application stands disposed.