Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6187 of 2019 ====================================================== Anil Kumar Singh Son of Late Jagnath Singh Resident of Village-Jhakhra, PO-Jhakhra, P.S.-Amnour, District-Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2.

The Director (Secondary Education), Government of Bihar, New Secretariat, Patna.

3.

The Joint Director (Secondary Education), Budh Marg, Patna. 4.

The Regional Deputy Director of Education, Saran at Chapra, DistrictChapra. 5.

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

For the Petitioner/s :

None For the Respondent/s :

Smt. Shilpa Singh, GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 16-02-2023

1. No one appears on behalf of the petitioner.

2. The petitioner by way of this writ petition has prayed as under:

"A. A writ in the nature of MANDAMUS or any any other appropriate writ/s, order/s, direction/s directing the respondent authorities for the following:-

1. The Respondent Authorities for grant of permanent recognition to Sri Bhawani High School, Jhakhra, which was established with the donation of local public in the year 1979, the permission for establishment was also granted by

Patna High Court CWJC No.6187 of 2019(5) dt.16-02-2023 2/3 the Respondent Authorities and even though the institution in question fulfilling all the required norms and conditions for recognition but the Respondent Authorities denying recognition to the institution for no reason.

ii. The Respondent Authorities for recognition of said institution with all teaching and non-teaching employees working in the school after being appointed by the Managing Committee of the school in question.

B. To any other relief/s to which the petitioner is found entitled to."

3. Respondents have filed their counter and it has been pointed out that earlier the Deputy Director, Education rejected the proposal of permission/recognition of Sri Bhawani High School, vide its order dated 30.11.2012. The said order was challenged by the father of the petitioner in C.W.J.C. 18025 of 2012 ( Birla Prasad Singh Vs. State of Bihar & Ors.), and this Court vide its order dated 08.01.2014, directed him to approach the authorities. The authorities thereafter considered all the circumstances and facts of the case and again rejected the prayer for permission/recognition of the school vide its order dated 29.09.2014. The order of rejection has not been

Patna High Court CWJC No.6187 of 2019(5) dt.16-02-2023 3/3 challenged by the petitioner and the writ petition has been filed after a period of five years as a fresh petition.

4. Keeping in view the contentions set up by the respondents, it is apparent that the petitioner has withheld information from this Court while filing this present writ petition and also about the fact that after directions of this Court, the same was rejected in 2014 which is not a subject matter of challenge. The writ petition was filed after five years thereafter, without any explanation of the delay. In the aforesaid accounts, this Court does not find any merit in the case.

5. Accordingly, the writ petition is dismissed. (Sanjeev Prakash Sharma, J) Suraj/- Item No. 46 U