KRISHNANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners have challenged the order dated 21.12.1989/ 8.1.1990 passed by the Director, (Primary Education) -cum -Joint Secretary, Human Resources Development Department, Bihar, Patna contained in annexure -1.

(2.) BIHAR National Academy School through Uday Krishana Narayan Tetarway had filed a writ application praying therein that the Government should take over the School alongwith four other Schools which are also in the district of Patna. This Court by the order dated 27.7.1983 directed the respondents to take over the management and control of the petitioners' school namely, Bihar National Academy under the provisions of the Act and also stated that the consequences with respect to such take over in a terms of Section 4(2) of the Bihar Non -Government Elementary School (Taking Over of Management and Control) Act, 1976 (hereinafter referred to as 'the Act') will follow. For non -compliance of the order dated 27.7.1983 passed in C.W.J.C. No. 3171 of 1982 a contempt application bearing M.J.C. No. 745 of 1986 was filed. The relevant part of the order is being quoted below:

(3.) THE result was that the District Superintendent of Education in compliance of the orders of this Court and letter No. 6790 dated 20.9.1988 issued from the department went to inspect the school and noted down that 13 teachers and one class -IV employee was working in the said School and also noted that the services of the teachers shall be taken over under Section 4(2) of the Act.