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Jharkhand High Court

Pankaj Kumar Yadav vs The State Of Jharkhand And Ors on 8 August, 2024

IN THE HIGH COURT OF JHARKHAND AT RANCHI

                     W.P.(PIL) No. 3428 of 2022
                                ---------
Pankaj Kumar Yadav                                   ... ... Petitioner
                                 Versus
The State of Jharkhand and Ors.                    ... .... Respondents
                                ---------
CORAM:          HON'BLE THE ACTING CHIEF JUSTICE
              HON'BLE MR. JUSTICE ARUN KUMAR RAI
                                ----------
For the Petitioner       : Mr. Rajeev Kumar, Advocate
For the Resp.-State      : Mr. Rajiv Ranjan, Advocate General
                           Mr. Jai Prakash, AAG-IA
                           Mrs. Chaitali C. Sinha, AC to AAG-IA
                               -----------
              th
12/Dated: 08 August, 2024

1. Reference may be made to the order dated 08.07.2024.

2. Learned Advocate General appearing for the respondent-State has submitted that in furtherance to Article 265 of the Bihar Education Code which is still being followed by the State of Jharkhand wherein it has been provided regarding weekly off on Friday in the schools which have been notified by the State Government as a Primary Urdu Schools.

3. Such decision is in furtherance to the decision already prevalent in the erstwhile State of Bihar. The State of Jharkhand has also come out with a circular in that regard by way of policy decision but such circular is not on record.

4. Mr. Rajeev Kumar, learned counsel for the petitioner has submitted that in addition to the prayer whereby and whereunder, the Director has issued notification which has been sought to be quashed, the other concern in the instant public interest litigation is that the management of such schools which have not been notified as a Primary Urdu Schools are indulged in the converting the names of the schools to be an Urdu School and in that garb of the aforesaid notification, Friday is being notified to be weekly off.

5. Learned Advocate General has submitted that the remedial measures have been taken in that regard by considering the fact that 1 if such schools which have not been notified to be Primary Urdu Schools are converting the names of their schools and have declared Friday as a weekly off.

6. However, he has further submitted that he will file affidavit to that effect details of such schools district-wise by calling upon a report from the District Superintendent of Education of one or the other districts as also the remedial measures taken in that regard.

7. In view thereof, let an affidavit be filed on or before the next date of hearing by serving copy of the same well in advance upon the learned counsel for the petitioner.

8. Let this case be listed on 04.09.2024.

(Sujit Narayan Prasad, A.C.J.) (Arun Kumar Rai, J.) Saurabh/-

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