Prabhawati Yugal Singh Uchchatar Madhyamik Vidyalaya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16736 of 2017 ====================================================== Prabhawati Yugal Singh Uchchatar Madhyamik Vidyalaya S/o- Yugal Singh, resident of Village P.O.- Kaituka Lachchi, P.S.- Amnour, District- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Education, Govt. of Bihar, Patna. 3.

The Director, Higher Secondary Education, Govt. of Bihar, Patna. 4.

The Bihar School Examination Board, Patna through its Secretary, the Bihar School Examination Board 5.

The Secretary, the Bihar School Examination Board, Patna. 6.

The Chairman, the Bihar School Examination Board, Patna. 7.

The Affiliation Committee of Bihar School Examination Board, Patna, constituted under Rule 3 of the 8.

The District Magistrate, Saran at Chapra.

9.

The District Education Officer, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Utsav Kumar, Adv.

For the Respondent/s :

Mr. Prabhat Ranjan Singh, AC to AAG-15 For the BSEB :

Mr. Sunil Kumar Mandal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is cancellation of affiliation of the school in question vide Annexure-9.

Learned counsel appearing on behalf of petitioner submits that the school in question was granted affiliation on 17.10.2014. The Examination Board without following the

Patna High Court CWJC No.16736 of 2017(4) dt.30-08-2019 2/2 procedure prescribed under Rule 15(IV) of the Affiliation Regulation canceled the affiliation, such course adopted by the Examination Board is violative of principles of natural justice. This Court has occasion to decide similar issue in numerous writ applications including C.W.J.C. No. 1965 of 2019 vide order dated 28.06.2019. For maintaining consistency and credibility in the decision, the Court is obliged to follow the uniformity. Accordingly, the order dated 12.04.2017 contained in Annexure-9 is quashed. Effect of quashing of Annexure-9 must follow with immediate effect.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U