AWADH BIHARI SINGH Vs. STATE

JUDGEMENT

(1.) Heard.

(2.) Petitioner, who is the Secretary of Shri Sitaram Middle School, Pakaria Circle Dihri-II, District-Rohtas, has filed this writ application assailing the order dated 23.7.2003 bearing Memo No. 1003 dated 26.7.2003, Annexure-28, whereunder the Director, Primary Education, has rejected the request of the petitioner to take over the aforesaid institution under the provisions of Bihar Non Govt. Elementary School (Taking, over of Control) Act, 1976 hereinafter referred to as the Act.

(3.) Dr. S.N. Jha, Senior Advocate, appearing for the petitioner stated that petitioner's institution was taken over under the aforesaid Act under the orders of the Regional Deputy Director of Education, Patna Division, Patna bearing Letter No. 1716-19 dated 19.2.1977, Annexure-5. He further stated that Kasturba Middle School, Piparpati, Buxar, was also taken over under the aforesaid Act under the orders of the Regional Deputy Director of Education, Patna Division, Patna, bearing Letter No. 15360-63, Annexure-B to the counter affidavit. Under letter dated 17.6.1977 of the Director, Primary Education, Bihar addressed to the Regional Deputy Director of Education, Patna Division, Patna, the take over of the petitioner's institution as also similar other institution including Kasturba Middle School, Piparpati, Buxar, granted under the order of the Regional Deputy Director of Education, Patna Division, Patna, was stayed. Under order bearing Memo No. 9419 dated 30.3.1979, Annexure-10, Director, Primary Education, Bihar vacated the stay of take over of Kasturba Middle School, Piparpati, Buxar. Perusal of the aforesaid order of the Director, Primary Education, dated 30.3.1979 would indicate that the stay in regard to Kasturba Middle School, Piparpati, Buxar, was vacated with reference to a Government order. Details whereof was, however, not indicated in the said order. Stay of take over of the petitioner and other similar institutions was not vacated and petitioner continued to agitate the matter before the authorities. When the effort of the petitioner to secure the take over of its institution could not succeed before the authorities as the stay of its take over was never vacated he filed writ application bearing C.W.J.C. No. 10062/1998. During the pendency of the said writ application State-respondent No. 2 filed his counter affidavit contending that question of take over of the petitioner's institution is under active consideration before the concerned department of the State Government. This Court under order dated 21.7.1999, Annexure-25, disposed of the said writ application directing Director, Primary Education, to take a final decision in accordance with law without any further delay and dispose of the matter by a reasoned order. In compliance of the aforesaid order dated 21.7.1999 the Director, Primary Education, has passed the impugned order dated 23.7.2003, as contained in Memo No. 1003 dated 26.7.2003, Annexure-28, whereunder he has rejected the claim of the petitioner's institution for taking over on two grounds, namely, that the State Government has already taken a decision dated 30.3.1979 that no private institution managed by the Managing Committee shall be taken over hereinafter. As regards the earlier take over of the petitioner's institution vide Memo No. 1716-19 dated 19.2.1977, Annexure-5, Director, Primary Education, observed that the said take over was not in accordance with the provisions of the Act, as the aforesaid order dated 19.2.1977, was issued by an authority who was not vested with the powers to pass orders for taking over of any institution under the provisions of the aforesaid Act. Appreciating this aspect of the matter the earlier order taking over the institution was stayed by the Director, Primary Education, under order dated 17 6.1977, Annexure-7.