Udyanacharya Vidyakar Kavi U V K v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18737 of 2016 ====================================================== Udyanacharya Vidyakar Kavi (UVK) Inter College, Karama, Alam Nagar, Udakishunganj, Madhepura, through its Academic Officer Shamsher Singh. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Principal Secretary, Department of Education, Government of Bihar, Patna. 3.

Director, Secondary Education, Government of Bihar, Patna. 4.

District Education Officer, Madhepura.

5.

District Programme Officer (Secondary Education), Madhepura. 6.

Bihar State Examination Board (BSEB), (Higher Education), Buddha Marg, Patna, through its Secretary.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. B.P. Pandey, Sr. Adv.

Smt.Anju Kumari @ Anju Narain For the Respondent/s :

Mr. SMT.BINITA SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner.

2. Learned counsel for the petitioner has submitted that this case is squarely covered by the decision of this Court in case of Ucchatar Madhyamik School (+2) and others vs. State of Bihar and others passed in CWJC No. 1366 of 2017 dated 24.08.2017. He submits that there is additional ground to assail the impugned decision of the Bihar School Examination Board (hereinafter referred to as the Board) to cancel the affiliation of the School, which is a government-aided private School up to Secondary Level and it has been upgraded to Senior Secondary Level, that prior to cancellation of affiliation, no show cause

Patna High Court CWJC No.18737 of 2016(2) dt.09-10-2017 2/2 notice at all was given to the petitioner.

3. I find substance in the submission made on behalf of the petitioner that the present case is squarely covered by the decision of this Court in case of Ucchatar Madhyamik School (+2) and others (supra).

4. The impugned decision of the Board stands set aside. The decision rendered in case of Ucchatar Madhyamik School (supra) shall govern the fate of the decision of the Board, which is being assailed in the present case.

5. It is indicated that no decision can be taken by the Board adverse to the interest of the Institution without giving the Institution a due opportunity of hearing.

6. This application stands allowed.

(Chakradhari Sharan Singh, J) arun/- U