SUDIN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner in the capacity of headmaster of Middle School, Belsandi in the District of Samastipur has approached this Court for issuance of a writ of mandamus directing upon the respondents to take over the school in terms of Section 3(4) of Bihar Non-Government Elementary School (Taking Over Control) Act, 1976 (hereinafter to be referred to as "Act").

(3.) Precisely, it is submitted by learned counsel for the petitioner that this school was established in the year 1961 by the villagers and thereafter necessary permissions were granted by the authorities of the Department to run the school up to Seventh Class. The school thereafter was inspected on several occasions and the Area Education Officer, Rossera made a spot inspection on 9.1.1989 and he submitted his inquiry report to respondent No. 3, as contained in Annexure-11, recommending the case of the petitioner for its take over, but till date the State authorities have neither accepted the inquiry report, as referred to above, nor the same has been rejected.