DEODHIRA SANSKRIT UCHCHA VIDYALAYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties. The School in question, Deodhira Sanskrit Uchcha Vidyalaya, situated in Village Deep, in the District of Madhubani, is the petitioner which has assailed its order of de-recognition passed on 15.6.2002 and reiterated on 5.3.2012.

(2.) At the outset, it would be necessary to record here that a detailed order as with regard to the entire issue of de-recognition of 86 Sanskrit Schools covered by the common impugned orders including the school petitioner of this case has been passed by this Court on 10.4.2012 in CWJC No. 1727 of 2009 and its 13 analogous cases including the present case and thus, the aforementioned order dated 10.4.2012 shall be treated to be part of the present order.

(3.) It is an admitted fact that the said school was established in the year 1941 and had received approval and recognition of the Bihar Sanskrit Association on 10.10.1956 in terms of the Government Resolution No. 4124 dated 11th August, 1956. The said school is said to have remained functional and its teaching and non-teaching staff also as approved by the Bihar Sanskrit Shiksha Board were receiving payment of salary from the grants made available by the State Government for recognize Non-Government Sanskrit High School with effect from 1.4.1981. The school was again one of 429 Sanskrit Schools which was taken over by the State Government as a Government Sanskrit School by the ordinance dated 18.2.1989. The School continued as a Government Sanskrit School till 30.4.1992 and when the successive ordinances were not reviewed after 30.4.1992 the school once again had reverted back to its own status as was also held by a Division Bench of this Court in the case of Subhash Chandra & Ors. vs. The State of Bihar & Anr., 1994 2 PLJR 359. While the status of this school in the lot of 429 taken over schools were continuing the Government had constituted a Committee for examining viability of its take over and the Collectors of the respective district have been authorized to get the schools inspected for taking decision relating to take over of the services of the teaching and non-teaching employees of the school. At that stage while the ordinance was continuing the Collector of Madhubani District had submitted an adverse report popularly known as "Pratikul" report for the school in question. In fact out of 429 Sanskrit Schools the inspection report of the Collectors had found only 341 schools worth take over and 86 schools including the school of the petitioner were handed out a Pratikul report on the basis of which payment of salary of such Pratikul School had been held up. It was in this regard a Division of this Court in the case of Subhash Chandra had held that this teaching and non-teaching employees of such 429 schools, who were already receiving payment of salary prior to 18.12.1989 would continue to get their salary till the school remained recognized, inasmuch as even after the schools have reverted back as a private recognized Sanskrit School the Government decision for making payment of salary and emolument with effect from 1.4.1981 had remained intact.