IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9764 of 1993
MD.SHABBIR AHMAD
Versus
STATE & ORS
with
CWJC No.9727 of 2000
MD. AHMAD MUKHTAR
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.2302 of 1997
THE MAN.COMM.OF AZAD UCHCHA VI
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.11506 of 2004
MD.SHABBIR AHMAD
Versus
THE STATE OF BIHAR & ORS
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11 30.09.2010 A peculiar position has emerged consequent to the
order dated 26.8.2010 passed in this case. After noticing the
facts, in detail, this court was of the opinion that the State and
the Staff Selection Commission, in which Vidyalaya Sewa
Board had merged , must bring on record the contemporaneous
documents in respect of period of dispute, so that this Court can
give a finding as to the existence of the Managing Committee
and the registered society through which the School was being
managed in terms of Section 18 of the School Act, as referred to
earlier. Several times the case has been adjourned.
Learned counsel for the State states that inspite of
several communication to the District Education Officer, Banka,
the District Education Officer is informing him that neither the
Principal nor the Secretary is ready to share the information in
2
this regard. On behalf of the Staff Selection Commission he says
that they have records only from 1991 and no earlier records are
available. Both these are apparently curious and surprising stand
inasmuch as this Court did not want records from the School but
it wanted records from the State to justify the order it has passed
.Surely, the District Education Officer must be corresponding
with the School for payment of salary of the teachers and the
regularization of the institution in terms of Section 18 and those
records are to be available in the office of the District Education
Officer Banka. How can the District Education Officer says that
he has no records which is surprising because if he has no
records than on what basis orders are being passed by him. Now
we come to the Staff Selection Commission; it says that they
have records only from 1991. Why no records are there prior to
that is sought to be explained that the merger took place in or
about 1991 with the College Service commission and the records
thereafter are available but the records prior to that are not
available. Right from 1981, the teaching posts must have been
sanctioned and appointments made through the College Service
Commission, earlier and the Staff Service Commission later.
In such a situation I have no option but to adjourn
the case with a direction to the parties aforesaid to produce the
records full and complete in this regard otherwise adverse
inference would be drawn because it is their conduct that is in
question.
3
Let petitioner add Bihar School Examination Board
as a party in C.W.J.C no. 2302 of 1997. Copy of pleading would
be served on learned counsel for Bihar School Examination
Board, who normally appears in the High Court. He would seek
instruction in the matter as to how and under what circumstances
Bihar School Examination Board and after corresponding with
whom it permitted the students of the School to take
examination of the Board right from 1981 to 1988. The
Examination Board must bring on record on affidavit in this
regard clearly indicating that with whom they are
corresponding. The petitioner would also serve a copy of the
previous order and the present order on learned counsel for the
Board.
Put up these cases for hearing on 28.10.2010.
( Navaniti Prasad Singh, J.)
Namita