SIDHESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed seeking, in substance, direction to the respondents to take -over Sardar Patel Madhya Vidyalaya, Mithapur, Patna Under Section 3(4) of the Bihar Non -Government Elementary Schools (Taking Over of Control) Act, 1976, and to pay salary and other consequential benefits to the petitioners.

(2.) THE petitioners claim to be, respectively, the Secretary, Headmaster, Assistant Teachers and Non -teaching staff of the School. When the petition came up for admission before a Bench of this Court on 27 -11 -90, reliance was placed on orders whereby direction had been issued for takeover of the schools. The Bench considered it desirable that the question as to whether such a direction can be issued by the High Court be authoritatively decided by a Special Bench in the light of the decision of the Supreme Court in State of Bihar v. Shri Chandradip Rai : AIR1981SC2071 , and accordingly directed the records of the case to be placed before the Hon'ble Chief Justice for constituting a Special Bench. That is how the case has been listed before this Bench.

(3.) IT would be useful at this stage to quote the entire Section 3 of the Act as hereunder: