STATE OF BIHAR Vs. JANARDAN RAI

JUDGEMENT

(1.) After the order of the Supreme Court on an appeal by the State of Bihar itself, when the Special Leave Petition was disposed of with a direction to the State of Bihar to implement the resolution dated 27 April, 1977 in the manner it is meant to be implemented, the issues stood resolved.

(2.) On record are circumstances that in the earlier set of litigation the defence in the writ petition and subsequently whether on an appeal under Letters patent or before the Supreme Court the issues were taken by the State of Bihar through the Department of Education. After the order of the Supreme Court the issues were terminal. Now, issues are being presented as if the Department of Education and the Department of Finance may be at issues. Details are on record and it will not be appropriate forthe Court to record these details. Effort, truly of the State Government, should have been to even out the creases to resolve the dispute after the litigation has been drawn to a close on the disposal of the Special Leave Petition of the State of Bihar.

(3.) If the circumstances, should there be issues between the Department of Education and the Department of Finance, then the legal entity under the Constitution of India is the State of Bihar and not the departments of the Government.