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2011 Supreme(Pat) 1006

NAVANITI PRASAD SINGH
Anjali Jain Daughter Of Late Bimal Kishore Jain – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. These two writ petitioners raise a common issue of law and are similar on facts as well. Pleadings being complete, with consent of parties, these writ petitions have been heard for final disposal at this stage itself.

2. The issue that arises for determination of this Court is whether State is competent to impose its reservation policy in respect of selection and appointment of staff, teacher in present cases, in respect of a recognised minority educational institution like, Schools as in the present cases, where such School is receiving Government aid?

3. The facts are not in controversy and, therefore, the facts, as appearing in the first writ petition, is being noted.

4. In the district of Bhojpur in the State of Bihar at Ara, there is a Middle School which was established in the year 1907 by the Jain Community which is a Minority Community known as Shri Jain Kanya Madhyamik Pathshala. It is not in dispute that it is duly recognised by the State as a minority educational institution, it is governed by its Managing Committee whose members are pre-dominantly of the Jain Community.

5. It appears that pursuant to a vacancy caused amongst the Teachers as against a duly sa


































































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