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1983 Supreme(Pat) 51

S.B.SANYAL
Yogendra Khan – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners – M/s. Rajendra Prasad Singh and Tara Nath Jha.
For the respondents – M/s. Rameshwar Prasad, O.P. 6 and Amrendra Kumar Sinha, J.C. to G.P. 6

S.B. Sanyal, J.

This writ application is for issuance of an appropriate writ to restrain the respondents from interfering with the services of the petitioners and for an appropriate direction commanding the respondents to include the petitioners' name in the list of teachers of the school and not to disturb them save and except in accordance with law.

2. In this case interpretation of section 4(2) of the Bihar Non-Government Secondary Schools (Taking over of management and control) Act (hereinafter to be referred to as 'the taking over Act') falls for consideration. Before I enter into the legal question involved in this writ application, I would like to state brief facts. In a public meeting of the villagers of village Parari and Chainpur it was decided that in order to develop and encourage female education a Girls High School should be established. Whereupon on 1.1.1977 a Girls High School named as 'Balika Uchcha Vidyalaya, Parai Chainpur' was founded. A managing committee of the school was also constituted to run the day to day administration of the school and three teachers were appointed by the managing committee for teaching the students. Petitioner no. 1 and petitioner no. 2

























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