RAMNATH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for quashing the order as contained in letter ,of the Block Education Extension Officer, Dehri, pursuant to directions of the Director, Primary Education, Bihar dated June 17, 1977 and the Regional Deputy Director of Education, Patna Division, dated June 30, 1977, staying take over of the Sitaram Madhya Vidyalaya, Pakaria (hereinafter referred to as 'the School'), and for direction to the Respondents to take over the services of the Petitioners, absorb them in the Government service and pay them salary and allowances with effect from October, 1977.

(2.) The writ petition could be dismissed summarily on the ground of staleness of the claim. In deference to the submissions of the learned Counsel for the Petitioners, however, I propose to pass a short but reasoned order on merit.

(3.) The core of controversy is whether the school has been taken over by the State or not. It may be stated that according to the stand of the Respondents the school was never taken over by the Government nor the services of the teachers were approved. According to them, a primary school duly recognised by the Government from its very inception at Pakaria was running which-was later upgraded to a Middle School. The same is running as a Government school. According to them, Sitaram Middle School i.e. the school in question is a separate school being run by private management. Notwithstanding the aforesaid stand of the Respondents, counsel for the Petitioners made submissions on merit stating that the school in question is one and the same and that there is no other school running in the radius of 3 kms.