Bihar Pradesh Madhyamik Shikshak Shishaketar Karamchari Mahasangh Through Its Geneeral Secretary An v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19599 of 2018 ====================================================== 1.

Bihar Pradesh Madhyamik Shikshak Shishaketar Karamchari Mahasangh Through Its Geneeral Secretary, Raj Kishore Prasad Address- Punaichak Post Office Gali, Patna- 800001 2.

Raj Kishore Prasad Son of late Krishna Sharma General Secretary, Bihar Pradesh Madhyamik Shikshak Shishaketar Karamchari Mahasangh, Address- Punaichak Post Office Gali, Punaichak Patna- 800001 ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

3.

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

The Bihar School Examination Board through its Secretary, Sinha Library Road, Patna.

5.

The Chairman, Bihar School Examination Board, Sinha Library Road, Patna.

6.

The Secretary, Bihar School Examination Board, Sinha Library Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Narayansingh For the Respondent/s :

Mr.Ashutosh Ranjan Pandey -Aag15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 29.09.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioners and learned counsel for the respondents.

Petitioners have prayed for the following relief/s: "This application is being filed against highly illegal

Patna High Court CWJC No.19599 of 2018(2) dt.06-01-2020 2/3 and wrongful action on the part of the respondent State by which in complete violation of the Bihar School Examination Board affiliation bye-laws 2011 and 2013 the Secondary and Higher Secondary Schools are being upgraded and opened without fulfilling the requisite criteria under the mandate of law by the State Government and as such the State Government is itself not following the law framed by it."

After the matter was heard for some time, learned counsel for the petitioners submits that petitioners shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioners shall be making afresh within a period of four weeks from today.

Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law,

Patna High Court CWJC No.19599 of 2018(2) dt.06-01-2020 3/3 before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) sujit/- U