Patna High Court - Orders
Md. Shafique vs The State Of Bihar on 20 June, 2023
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4230 of 2023
======================================================
Md. Shafique, Son of Md. Serajuddin, resident of village - Jainagar, Post
Office and Police Station - Mansahi, District - Katihar, Presently posted as
Urdu Teacher at Primary School, Bathna under Block Mansahi, District-
Katihar. ... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Secondary and Primary
Education Department, Government of Bihar, Patna.
2. The Director, Secondary Education, Department of Education, Government
of Bihar, Patna.
3. The Director, Primary Education, Department of Education, Government of
Bihar, Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Jha, Advocate
Mr. Jibendra Mishra, Advocate
For the Respondent/s : Mr. Madanjeet Kumar, GP-20
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
2 20-06-2023Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner in the present case is a General Secretary of the Bihar State Urdu Teachers Association. He has prayed for quashing of the list of holidays issued by the Director, Primary Education (respondent no. 3) vide Memo No. 1996 dated 23.12.2022 (Annexure '2' to the writ application). By way of a consequential relief, the petitioner prays for directing the respondent authorities to permit the District Units of Urdu Teachers Primary and Secondary Schools to prepare and send for approval a list of holidays in each district as per the provisions of Article 265 of the Bihar Education Code.
Patna High Court CWJC No.4230 of 2023(2) dt.20-06-2023 2/5 Learned counsel for the petitioner submits that Article 265 of the Bihar Education Code grants liberty to the District Education Establishment Committees/ District Education Officers to consider and have regard to the needs of different religious communities and the religious holidays as provided in the Negotiable Instrument Act. Those are widely observed in the concerned districts. In the present case, it is the grievance of the petitioner that the list of holidays has not been sent from the District Level Education Committee. According to the petitioner, the list has been thrust upon the schools from the Directorate level, thus, the procedure prescribed for preparation of holidays has not been followed.
Learned counsel for the State has contested the submission of learned counsel for the petitioner. Learned counsel submits that on a bare perusal of Memo No. 1996 dated 23.12.2022 (Annexure '2') issued by the Director, Primary Education, Department of Education, Government of Bihar, it would appear that the Director, Primary Education has explained the need for having an uniform list of holidays for all the primary and middle schools. Annexure '2' clearly states that two different list of holidays create difficulties and hindrances in rendering service in teaching and administrative works, therefore, an uniform list of holidays for the year 2023 for the primary and Patna High Court CWJC No.4230 of 2023(2) dt.20-06-2023 3/5 middle schools are being prepared. Liberty has, however, been granted to the District Education Officer to carry on any change in the list of holidays in accordance with the local situations.
Learned counsel, therefore, submits that in absence of there being any averment in the writ application as to how the petitioner finds any infirmity in the list of holidays and the purpose behind it to maintain the uniformity in the matter of grant of holidays in all the primary and middle schools, this writ application need not be entertained. It is pointed out that the petitioner has never approached the District Education Officer at local level pointing out any change to include particular holiday for suitable reason. The petitioner who is the General Secretary has directly moved this Court seeking an interference with Annexure '2' in general without there being any basis.
Having heard learned counsel for the petitioner and learned counsel for the State, at the first instance, this Court finds that the writ application has been filed by the Secretary of Urdu Teachers Association challenging the list of holidays as contained in Annexure '2' to the writ application. The writ petitioner has not pleaded as to why the said list of holidays requires any interference or be declared suffering from non-consideration of the policy of the Government as contained in the Bihar Education Code. So far as Article 265 of the Bihar Education Code is Patna High Court CWJC No.4230 of 2023(2) dt.20-06-2023 4/5 concerned, it contains some instructions in respect of holidays and vacations to be observed in Government/taken over Primary/Middle aided/unaided general/minority schools, Madrasas/ Sanskrit and Basic school. This provision also applies to all types of secondary schools. The instructions contained in Sub-Article (i) to (vii) guide the concerned authorities in the matter of preparation of the list of holidays and vacations.
Learned counsel for the petitioner has given emphasis on Note (1) to Sub-Article (vii) of Article 265 of the Bihar Education Code which says that "the number of holidays given in this rule does not include Sundays (or fridays in the case of school intended for Muhammadans and the 1st, 8th, 16th and 23rd days of the Hindi Months) in the case of Primary Sanskrit schools."
To this Court, it appears that reference to Note (1) to Sub-Article (vii) of Article 265 of the Bihar Education Code leads nowhere in the nature of the grievance raised by the petitioner. Annexure '2' is only providing a list of holidays and it is not the case of the petitioner that the instructions with regard to the maximum number of holidays permissible in any calendar year or the manner in which the list of holidays would include certain dates have not been followed. What has been contended before this Court is that the list of holidays should not have come Patna High Court CWJC No.4230 of 2023(2) dt.20-06-2023 5/5 directly from the Directorate level rather it should have travelled from the District level.
This Court finds no reason to interfere with the list of holidays on this ground for a very obvious reason that the list of holidays prepared at the Directorate level is in accordance with the instructions and leaves it open to the District Education Officer to bring any change in the list of holidays as per local situations. The spirit of the provision contained in Article 265 of the Bihar Education Code has been kept intact. If the petitioner wants to make any representation before the concerned District Education Officer, it is open to him to file such representation which will be considered by the District Education Officer of the concerned district in accordance with the spirit of the Bihar Education Code. No interference with Annexure '2' is required.
This writ application is disposed of accordingly.
(Rajeev Ranjan Prasad, J) SUSHMA2/-
U