Kumari Sundaram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7361 of 2023 ====================================================== Kumari Sundaram D/o Pharesh Ram, R/o Village Magarhatta Masjid Chowk, P.O. and P.S. - Hajipur, District - Vaishali, Bihar (844101), Proposed Principal of Satyam Shivam Sundram Hindi Secondary School (10 + 2) Jarua Chiknahta, Hajipur, Vaishali.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

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

The Chairman, Bihar School Examination Board, Bihar, Patna. 4.

The Secretary, Bihar School Examination Board, Bihar, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Singh, Advocate For the Respondent/s :

Mr. Madhukar Mishra, AC to SC-16 For the BSEB :

Mr. Manish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned counsel for the Bihar School Examination Board as also the State.

The petitioner in the present case is seeking a direction commanding the respondents to return a sum of Rs.1,50,000/- which has been deposited on account of affiliation fee and Rs.15,000/- deposited towards the inspection fee. He also prays for interest w.e.f. 17.04.2015.

Learned counsel for the petitioner submits that the petitioner proposed to establish a school, namely, Satyam Shivam Sundaram Higher Secondary School (10+2) at Jarua Chicknauta, Hajipur in the district of Vaishali and for this

Patna High Court CWJC No.7361 of 2023(2) dt.23-06-2023 2/3 purpose, she filed an application with the Secretary of the Bihar School Examination Board for grant of affiliation to the proposed Secondary School w.e.f. the Session 2015-17. Learned counsel submits that despite lapse of 7 years, the Bihar School Examination Board has not taken any decision, no affiliation was accorded to the petitioner institution and at this stage, the petitioner finds it difficult to start the school without affiliation. Hence, a request has been made to the Secretary to refund the amount as stated hereinabove.

Attention of this Court has been drawn towards the copy of the petition addressed to the Secretary of the Bihar School Examination Board as contained in Annexure '3' and another copy addressed to the Chairman of the Bihar School Examination Board vide Annexure '4' to the writ application. Learned counsel for the Bihar School Examination Board submits that if the petition filed by the petitioner as contained in Annexures '3' and '4' are still pending, the competent authority of the Bihar School Examination Board shall take a decision thereon within a reasonable period. Having regard to the aforementioned facts and the submissions noted hereinabove, this Court directs the Chairman of the Bihar School Examination Board (respondent no.

Patna High Court CWJC No.7361 of 2023(2) dt.23-06-2023 3/3 look into the representation of the petitioner as contained in Annexures '3' and '4' and take a decision thereon within a period of two months from the date of receipt/production of a copy of this order.

If it is found that the amount deposited by the petitioner are liable to be refunded, the same must be done within a period of two months failing which the petitioner would be entitled for interest at the bank rate. This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U