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CDJ 2025 Jhar HC 507 print Preview print print
Court : High Court of Jharkhand
Case No : W.P. (PIL) No. 4052 of 2025
Judges: THE HONOURABLE CHIEF JUSTICE MR. TARLOK SINGH CHAUHAN & THE HONOURABLE MR. JUSTICE RAJESH SHANKAR
Parties : Kedar Nath Laldas Versus State of Jharkhand, through the Chief Secretary, Department of Human Resources Development, Ranchi & Others
Appearing Advocates : For the Petitioner: Kedar Nath Laldas, In Person. For the Respondents: Shahbaj Akhtar, A.C. to A.A.G.-III, R6, R7 & R10, Rahul Kumar, R9, Sudarshan Shrivastava, R11, Prabhat Kr. Sinha, R12, Ritu Kumar, R13, Ashutosh Ranjan, Advocates.
Date of Judgment : 11-12-2025
Head Note :-
Subject
Judgment :-

Rajesh Shankar, J.

1. The petitioner, who is an old alumini of Netarhat Awasiya Vidyalaya (hereinafter referred as the said school), has preferred the present Public Interest Litigation primarily seeking direction upon the respondents particularly the respondent nos. 1 to 5 to constitute Netarhat Vidyalaya Samittee (in short NVS) afresh as per the provisions of the Memorandum of Articles & Association framed by the Government of Jharkhand for better management of the said school.

2. The petitioner appears in person and submits that the said school was established on 15th November, 1954 at Netarhat through resolution passed by the Bihar Legislative Assembly and has been a public residential school based on “Gurukul tradition”.

3. It is submitted that the authorities of the present NVS and the Principal of the said school have been functioning in total disregard to the welfare of students as well as they are also indulged in corrupt practices due to which performance of the said school has been deteriorating day by day.

4. It is further submitted that the Principal namely Dr. Santosh Kumar Singh and the Administrative Officer namely Roshan Kumar Baxi (the respondent nos. 10 & 11 respectively herein) were appointed by the NVS showing favoritism towards them as they were inexperienced and incompetent for the said posts. After being appointed, they have committed financial irregularities in awarding various tenders relating to supply, purchase of goods, equipment, tools, books etc.

5. It is also submitted that the petitioner has written letters to the various authorities of the Government of Jharkhand highlighting the irregularities committed by the members of the NVS and requested for constitution of fresh NVS, however all went in vein.

6. The learned counsel appearing on behalf of the respondent nos. 6, 7 & 10 has denied all the allegations levelled by the petitioner and has challenged the maintainability of the present PIL by submitting that the same has been filed for personal motive.

7. “Netarhat Purvavrati Chhatra Sangathan” i.e. Netarhat Old Boys’ Association (NOBA) has intervened in this case by filing I.A No. 12224 of 2025 and it has been made proforma respondent no. 12 vide order dated 22.09.2025.

8. Netarhat school happened to be the pride of Jharkhand. It was famous for its “Gurukul” way of education, rigorous academics and strict discipline. The said school has produced several bureaucrats, technocrats, scholars etc. who have not only served the state and the nation, but have also contributed at global level. However, now the school seems to have lost its glory. The performance of the said school has been gradually deteriorating and none of the parties is in a position to deny the said hard reality. There cannot be denial of the fact that it needs an extensive reform including the way it is being managed presently.

9. Since this Court intends to proceed on the larger issues raised in the present PIL, the parties were asked not to address on inter rivalry issues, rather to give effective suggestions so that the school regains its’ lost glory.

10. Accordingly, the parties have placed their respective suggestions on record.

11. The principal of the said school has made following suggestions: -

                  (i) Provision for advance physical teaching and lectures by the well-known Academicians/experienced educationists/ faculty members of premier institutions like IIT, IIM, XISS/Former students and ex-teachers of the said school be arranged on regular basis for overall development and growth of students of the school for their better future and for nation building.

                  (ii) Technology based learning and expert teaching by virtual mode to the students.

                  (iii) Establishment of Robotic lab, Atal Tinkering Lab, Artificial Intelligence Lab

                  (iv) Resume the provision for reserving 10 seats for all India students for selection of quality students and to increase competitiveness amongst students.

                  (v) Up-gradation and modernization of the school library.

                  (vi) Sanctioned post of teachers is 47 and at present the total nos. of working regular teachers are 20 and contractual teachers are 8 and therefore there is immediate need for appointment of regular teachers. Further, the teacher’s sanctioned strength may also be increased.

                  (vii) Total sanctioned strength of Class-3 and Class-4 posts is approx. 92 each and at present the school is running with 50% of total sanctioned strength and thus regular appointment for remaining sanctioned strength of class-3 and class 4 posts is required to be immediately undertaken.

                  (viii) At present the total strength of students in the school is around 425 for Class-6 to Class-12. Total number of Ashram (Hostel) is 24 and each Ashram has the capacity to accommodate 22 students each and thus the total strength of students in the school can be increased upto 528.

                  (ix) State Government may be directed to take immediate steps for the construction of Indoor Sports Complex with Gymnasium & Swimming Pool for the students of the said school.

                  (x) Steps may be taken to establish milk dairy at the said school.

                  (xi) In one of the School Buildings [i.e., Bungalow No.3], Bal Niketan Primary Non- Residential School was operational and for the last three years, it is not operational. Now, the same is required to be revived.

                  (xii) The existing building of the Hospital is required to be strengthened, upgraded, & modernized. All infrastructure of a modern hospital may be provided for better treatment of all. Further, Test Laboratory may be established with the concurrence of the State Government. Further Ambulance service with driver may be provided in the Hospital. Proper supply of medicines may be continued. At present only one doctor, namely Dr. Deepak Kumar Manjhi is posted in the hospital of the said school. There is further requirement of posting two or more experienced doctors, qualified technicians, compounders and nurses. Doctors’ & Staff Residences should be constructed by the State Government.

                  (xiii) The teachers of the said school be transferred to other State Government running similar residential schools at Chaibasa, Bokaro and Dumka as their long stay in one school promote them to indulge into petty politics and their less focus on proper teaching of the students in the School.

                  (xiv) The encroachment upon the land of the said school should be removed.

                  (xv) Major infrastructure Work for the said school building is being done by the PWD Department, Government of Jharkhand and in such work there is non-interference of the school management however tenders are floated by the school management for procuring Food & Stationery items/Day to day Office expenses/other miscellaneous works and for such type of tenders, the school administration faces problem from NOBA as they pressurize that such works be given to them or to their selects, even at higher rate. In this regard already decision has been taken in the Executive Committee Meeting that the members of NOBA should not be allowed to participate in any such Tender Process issued by the School Management for the healthy environment of the school.

                  Suggestions given by NOBA and the petitioner NOBA and the petitioner have given almost similar suggestions which are as follows:-

                  (i) A comprehensive Standard Operating Procedure (SOP) for recruitment of teachers in the said school be approved and implemented based on the following parameters:

                  a) Psychological Test

                  b) Marks of Extracurricular activities

                  c) Games, Yoga

                  d) Art & Music

                  e) Agriculture

                  f) Warden of Public School

                  g) Written Exam for Shortlisted Candidates (1:10)

                  h) Shortlisted (1:5)

                  i) Interview (1:3)

                  j) On campus 7 days exposure in the class, games, PT.

                  k) Final Merit list.

                  (ii) All tenders must be procured through e-procurement mechanisms like GEM (Government e- Marketplace) for enhanced transparency.

                  (iii) Re-DPR for staff quarters, ashrams, classes, main building with reference to heritage building restoration. The notified committee may plan engineering/construction of building plans and government may approve the said plans by sanctioning funds.

                  (iv) The appointment of Administrative Officer namely Roushan Kumar Bauxi is liable to be cancelled with immediate effect and appropriate steps should be taken for recovery of the amount wrongly paid against his salary and other financial benefits.

                  (v) Changes in MOA/Service Rules may be done by new committee in consultation with all stakeholders including teachers, staffs and the government.

                  (vi) Teachers should not be allowed to leave the campus on Saturday/Sunday and normal holidays without permission of the principal.

                  (vii) The school authorities and the Government should not permit use of the school campus including the auditorium, sports grounds and assembly areas, by any third party including government departments, political parties, or external sports groups.

                  (viii) The daily wages payment should be made as per the notifications pertaining to daily wages of skilled and unskilled workers issued by the Labour Department, Government of Jharkhand.

                  (ix) Villagers, tourists and other persons not related to the said school should not be allowed to use main road leading to the school as there is alternate road available for the use of general public.

                  (x) The Government should neither take away nor acquire any part of the land, buildings, grounds, or orchards that have been in the possession of the school since 1954. Furthermore, the entire 467 acres of land originally granted to the school should be formally transferred and mutation of the same must be completed in the name of the said School and the Department of School Education & Literacy, Government of Jharkhand.

                  (xi) There should be Parents/Teachers/School Authority meeting in every quarter of last Friday in the months of January/March/June/September to discuss feedback, grievances, suggestions received from the parents.

                  (xii) The entrance examination for admission to the school should remain open to all students aged 10 to 12 years, without requirement of any fee. No income certificate, caste certificate, or residential certificate should be mandated as a pre-condition for filing the application forms. The details furnished by the applicants in their forms shall be duly verified by the principals of their respective current schools.

                  (xiii) The entrance examination should be of three stages as under:

                  Stage I: Sub Division Level Stage II: Commissionerate Level

                  Stage III: Interview (1:2) and Medical Test

                  (xiv) The reservation policy of the Government of Jharkhand shall be followed in admission in the said school.

                  (xv) The planned and non-planned budget should be released by 30th day of April every year, and fund should be transferred by the state government to the school bank account as designated for the purpose. The Treasury office, Latehar may operate as the Treasury of the school.

                  (xvi) New committee should review all infrastructure-related expenditures incurred after 30 November 2022 and present its findings before the Secretary, School Education, and the Secretary, Building. Based on these findings, the Secretary may take an appropriate decision within 30 days from the receipt of the same.

                  (xvii) The new committee should also examine the Audited Balance Sheet and Auditor's Report for the last four financial years, namely 2021-22, 2022-23, 2023-24 and 2024-25 so as to find out the past irregularities and ensure that expenditures are aligned with the Jharkhand Financial Rules, the Jharkhand Vigilance Commission Notifications, and the Central Vigilance Commission circulars relating to procurement of goods and services.

                      (xviii) The Library and Computer Room should remain open from 9:00 a.m. to 9:00 p.m., seven days a week.

                      (xix) A framework must be made for enabling alumni participation in career guidance, scholarships, mentoring, and supporting infrastructural and educational projects.

                      (xx) Ashrams/House should be allotted to the married Shrimanji and both of them should stay in the Ashram/House.

                      (xxi) Unmarried male/female should not be allotted the Ashram/House. Moreover, the married lady teacher should not be allotted the Ashram/house if her husband is employed/unemployed and is not staying with her at the school.

                      (xxii) The teachers should not be allowed to leave the campus on Saturday/ Sunday and normal holidays without permission from the Principal.

                      Suggestions said to be given by ex-students, former teachers, academicians and social thinkers which have been placed on record by the respondent no. 7 along with the supplementary counter affidavit:-

                      I. Dr. (Prof.) Shree Prakash Singh (HOD) (Orthopedic Specialist), Magadh Medical College, Gaya (Alumnus Batch 1966-1972): -

                      * Reinstate mother-tongue (Hindi) and preserve Indian cultural heritage in daily life and education imparted in the said school.

                      * Pan-India admission test to attract top talent, with differentiated fee structure for in-state and out-of-state students.

                      * Return to traditional practices (meals, study posture, physical culture) to preserve heritage.

                      II. Sri Bajrang Bihari Singh, Lieutenant Colonel (Retired) Alumnus Batch 1961-1967)

                      * Seven-years integrated curriculum (Class VI-XII) without exit after Class X.

                      * Recruitment of very high standard teachers.

                      *Creation of a monitoring body of experts to ensure that transformative priorities are implemented.

                      III. M.H. Ghufran (Retired Teacher), Netarhat Awasiya Vidyalaya

                      * Selection of teachers through JPSC (or equivalent body) to improve quality of education.

                      * Remedial teaching for academically weak students.

                      * Annual academic planning, lesson planning, and more classwork/homework.

                      IV. Prof. Prabhat Ranjan, Founder Vice-Chancellor, D.Y. Patil University, Pune (Alumnus Batch 1970-1974)

                      * Proposes a Tri-Stream Model: Academic Excellence, Sports & Athletics, Creative & Performing Arts - to cater to diverse talents.

                      * Use of multiple intelligence theory for admission processes.

                      * Advanced infrastructure: performance monitoring for sports, FabLabs, generative AI, etc.

                      V. Sri Sanjeev Kumar Biruly, Professor, Co-operative Law College, Jamshedpur (Alumnus Batch 1983-1990)

                      * Restrict unfiltered media reporting of internal school matters and to protect school reputation.

                      * Limit direct interference of NOBA (Alumni Association) in daily administrative affairs.

                      * Promote self-study and remedial support; focus on regaining top CBSE Board performance.

                      VI. Dr. Trinath Mishra (Retired IPS), Director General, CRPF (Alumnus Batch 1954-1960)

                      Bi-monthly submission of academic or research papers by teachers to avoid stagnation.

                      * Performance audit for teachers.

                      * Short-term teachers exchange internationally & nationally.

                      VII. Sri Vijoy Prakash (Retired IAS), Secretary, Education Department, Govt. of Bihar, Chairman Bihar Vidyapeeth (Alumnus Batch 1967-1972)

                      * Position Netarhat as a center for gifted education (especially for underprivileged but talented students).

                      * Host national-level cultural and innovation festivals involving alumni.

                      * Use long vacation periods for internships and projects.

                      VIII. Sri Prayag Dubey, NOBA, (Alumnus Batch 1960-1966)

                      * Institutionalize an annual "Vichar-Goshthi” / symposium with alumni, former teachers, educationists and policymakers.

                      * Call for strictly merit-based admission (entrance exam) to select outstanding students aged 10-12.

                      * Ensure that no sanctioned posts remain vacant; prioritize full staffing strength.

                      IX. Sri Rajesh Kumar Roy (retired teacher), Netarhat Awasiya Vidyalaya

                      * Modernize existing laboratories, libraries and hostels while adding smart classrooms, sports facilities, and centres for arts and innovation.

                      * Strengthen institutional autonomy, implement digital transformation using Enterprise Resource Planning (ERP) systems and enhance students support through expanded mentorship and healthcare facilities.

                      (X) Sri H.K.P. Sinha [M.Sc. (Physics), Dip. In- Ed. (Reading University, England, U.K.) Netarhat School (1959)] has also suggested as follows: -

                      (i) All vacant (Sanctioned) Posts of Teaching and Non-Teaching Staff may be filled immediately.

                      (ii) Appoint senior teacher (if no complain against him her) immediately as Vice- Principal, who may be assigned the work as "Academic In-Charge" of the school.

                      (iii) Principal should be appointed on permanent basis.

                      (iv) Attendance of all teachers should be made compulsory for attending Assembly.

                      (v) Teachers should attend School on foot, not by Car.

                      (vi) Teachers should prepare lesson planning before going to classes and maintain curriculum calendar for each class.

                      (vii) Evaluation of teachers should be done by expert external examiner and even after giving warning, he or she does not improve, then he/she may be dismissed after paying 03 months’ salary in advance as per the rules and regulations of NVS (All procedure should be followed as per law before dismissing the concerned teacher).

                      (viii) Teachers should be sent to visit reputed public Schools/Navodaya Vidyalaya in India for 10 days during Rainy/Winter vacation to gain experience for students of the said school.

                      (ix) House Masters with their Ashram boys should arrange picnic at local spots frequently on Sundays and other holidays.

                      (x) No Ragging should be done to junior students as it is punishable action under law.

                      (xi) All the students must attend classes regularly as some students remain in the Ashram during working days also.

                      (xii) Students must do home assignments given by the teachers on time regularly.

                      (xiii) Students should study in the reading room during “Swadhayay” hours.

                      (xiv) No Student should be allowed to visit Netarhat Bazar.

                      Anything needed to the students should be supplied by Ashram Sewak with the permission of House Master.

                      (xv) Quantity of Milk, Eggs, Paneer may be increased for students to keep them fit and active.

                      (xvi) Deferent type of fresh fruits may be given to students during Breakfast/Evening Snacks.

                      (xvii) All building/Residential quarters of teaching staff and Non- Teaching Staff should be repaired immediately on massive basis as most of the residential quarters are in very bad condition.

                      (xviii) All lands of Netarhat Awasiya Vidyalaya should be surrounded by barbed wire and utilized for agriculture & horticulture purposes by the staff of the said school.

                      (xix) Counsellor and agriculture teachers should be appointed immediately.

                      (xx) “Chalet house” should be taken back from the District Authority.

                      (xxi) “Sick room” should be maintained as very good health center with full medical facilities along with cleanliness.

12. Admittedly, the term of the present Committee has come to an end on 30.11.2025 and formation of a new Committee will consume some time. As such there is urgent need of formation of an Adhoc General Body and Executive Committee which will function till the new Body/Committee is constituted as per the prevalent Rule concerning the said school with prior approval of this Court. Under the said circumstance, we wish to constitute an Adhoc General Body and Executive Committee comprising of the following members: -

                  General Body

                  (i) Minister, Human Resource Development Department, Jharkhand

                  (ii) Development Commissioner, Jharkhand

                  (iii) Principal Secretary, Human Resource Development Department, Jharkhand

                  (iv) Secretary, Department of Finance, Jharkhand

                  (v) Divisional Commissioner, Palamau

                  (vi) Deputy Commissioner, Latehar (vii)Deputy Commissioner, Lohardaga

                  (viii) Shri Hare Kishor Prasad Singh, Retired Teacher of Netarhat Residential School

                  (ix) Shri Rajesh Kumar Roy, Retired Teacher of Netarhat Residential School

                  (x) Sri Vijay Prakash, Retd. I.A.S., (Eminent Educationist)

                  (xi) Principal, Netarhat Residential School

                  (xii) Dr. Trinath Mishra, Retired IPS, Director General, CRPF (Alumnus Batch 1954-1960)

                  (xiii) Professor Ashok Kumar Sinha (NOBA Representative)

                  Executive Committee

                  (i) Professor Ashok Kumar Sinha (NOBA Representative) (Sabhapati) being the ex-student of the school

                  (ii) Principal Secretary, Human Resource Development Department, Jharkhand

                  (iii) Secretary, Department of Finance, Jharkhand

                  (iv) Principal, Netarhat Residential School

                  (v) Shri Rajesh Kumar Roy, Retired Teacher of Netarhat Residential School

                  (vi) Shri Vijay Prakash, Retd. I.A.S. (Eminent Educationist)

                  (vii) Dr. Trinath Mishra, Retired IPS, Director General, CRPF (Alumnus Batch 1954-1960)

                  (viii) Sri Raj Kumar, Retd. I.A.S.

13. We hereby assign the following works to the Adhoc Committee based on the suggestions given by the parties: -

                  (i) To examine the allegations levelled by the petitioner with respect to the appointment of the Principal and Account Officer of the said school and to submit the report before this Court by the next date.

                  (ii) To prepare a comprehensive Standard Operating Procedure (SOP) for recruitment of qualified teachers in the school and thereafter to take effective measures for filling up all the sanctioned post of regular teachers.

                  (iii) To take steps for filling up all the sanctioned post of teachers including Group 3 and Group 4 post of the said school.

                  (iv) To take effective measures for making the entire campus of the school encroachment free.

                  (v) To get the expenditure made during the last four financial years i.e., 2021-22, 2022-23, 2023-24 and 2024-25 audited by a certified auditor and thereafter to examine the audit balance sheet and auditor’s report so as to find out the past irregularities as well as to ensure that the expenditures are aligned with the Jharkhand Financial Rules, 2025, circulars/notifications issued by the Central Vigilance Commission and the Jharkhand Vigilance Commission relating to procurement of goods and services.

                  (vi) To take appropriate action against erring persons, if any irregularity is found in the Audit Report of the school.

                  (vii) To take steps for modernization of school library and computer room.

                  (viii) To appoint a qualified mentor in the school to guide the students in the right way.

                  (ix) To ensure that there must be friendly environment between the teachers and students.

                  (x) To take all the steps which are necessary for keeping the body and mind of the students healthy.

                  (xi) To widely advertise the notice of entrance test for admission in the said school.

                  (xii) To re-assess admission procedure so as to ensure that deserving students are given place in the school.

                  (xiii) To organize Pan-India admission test so as to attract top talents with differentiated fee structures for in-state and out-of-State students.

                  (xiv) To ensure that every tender of the school is invited through e-procurement system.

                  (xv) To take suitable steps to stop ragging of junior students in the school.

                  (xvi) To evaluate the work of teachers by the Principal at least once in a month and to advise them for improvement of their performance in the class and if necessary, send them to other reputed schools in India during the vacation for proper training.

                  (xvii) To take any other step which the committee thinks fit and proper for overall improvement of the school.

14. List this case on 06.01.2026.

 
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