National Convent High School v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14395 of 2016 ======================================================

1. National Convent High School(Run and Managed By Minority Educational Society Registered Under the Society Registration Act) through its Secretary Md. Jahangir Khan S/o Late Jabbar Khan, Flat No. 302, Deep Ganga Enclave, Khazanchi Road, P.S. Pirbahore, District-Patna .... .... Petitioner/s

Versus

1. The Union of India Through Its Secretary, Ministry of Human Resources Development, Govt. of India, New Delhi

2. The Chairman, The Central Board of Secondary Education, (An autonomous Organisation Under the Union Ministry of Human Resoutces Development, Govt. of India, New Delhi), Shiksha Kendra, 2 Community Centre, Preet Vihar, Delhi-110301

3. The Secretary, The Central Board of Secondary Education, Shiksha Kendra, 2 Community Centre, Preet Vihar, Delhi-110301

4. The Assistant Secretary (Affiliation), Central Board of Secondary Education, Shiksha Kendra, 2 Community Centre, Preet Vihar, Delhi110301

5. The Deputy Secretary, and Regional Officer-Cum-Member 1 of the Inspecting Committee, Central Board of Secondary Education, Ambika Complex Behind SBI Colony, Near Brahmasthan Shekhpura, Raza Bazar, Bailey Road Patna

6. Sri D.S. Mishra, the Principal Cum Member 2 of the Inspecting Committee, Kendriya Vidyalaya, near Town Thana, V.M.Inter College Campur, Gopalganj, Bihar-841428 .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Md. Imtiyaz Hussain For the Respondent/s : Mr. S.D Sanjay (Addl. Soc. Gen.) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-04-2017 Heard learned counsel for the parties.

The present writ application has been filed seeking issuance of a direction to Respondent Nos. 5 and 6, who are Members of the Inspecting Committee to conduct free and fair inspection of the petitioner's school and to submit point wise report with documentary evidences relating to the

fulfillment or otherwise of the requirements for grant of affiliation by the C.B.S.E, at Secondary and Senior Secondary Level.

National Convent High School, which claims to be run and managed by Minority Education Society has approached this Court seeking issuance of a direction as noted above. It goes without saying that every Inspecting Committee is required to conduct free and fair inspection of the School and to submit a report as prescribed under extant Act, Rules and Regulations.

No direction is required to be issued for this purpose.

The authorities are duty bound to act in accordance with law. On the basis of what has been averred in the writ application, no order except an observation can be made that the authority shall be required to act in accordance with the provisions contained in the extant statutory provisions. This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) ArunKumar/- U