Krishna Kumari Devi v. The Bihar School Examination Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1020 of 2021 ====================================================== Krishna Kumari Devi Prabhunath Singh Resident of Village-Puraina, P.O.- Jamo, P.S. Barharia, District-Siwan.

... ... Petitioner/s

Versus

1.

The Bihar School Examination Board through its Secretary, Buddh Marg, Patna.

2.

The Secretary, Bihar School Examination Board, Buddh Marg, Patna. 3.

The Director (Training), Bihar School Examination Board, Buddh Marg, Patna.

4.

The District Education Officer, Siwan 5.

The District Programme Officer (National Secondary Education Programme),Siwan.

6.

The Principal Ajit Kumar Singh Inter College, Paltu Hata, Barharia, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the State :

Mr. Umesh Narayan Dubey, AC to GP-27 For the BSEB : Mr. Purnendu Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner, the learned counsel for the respondent Board Shri Purnendu Singh and the learned counsel for the State Shri Umesh Narayan

Patna High Court CWJC No.1020 of 2021(2) dt.23-07-2021 2/3 Dubey, AC to GP-27.

The instant petition has been filed seeking the following reliefs:- "i. For issuance of an appropriate writ/s, order/s, direction/s for quashing letter contained in Memo No. BSEB(SS)/POLL/ESTAB/1102 dated 24.09.2020 issued by respondent no. 3 has directed the respondent no. 5 to provide a list for constitution of ad-hoc committee of the college namely Ajit Kumar singh Inter College Paltu Hata, Siwan in purported exercise of Chapter-V a regulation 17(B) of Bihar School Examination Board (Senior Secondary) affiliation regulation 2011 (as amended since 2013) in gross violation of the communication made by the respondent no. 6 way back on 25.09.2019.

ii. For issuance of an appropriate writ/s, order/s, direction/s to the respondents to constitute the governing body of the college in question treating the petitioner as donor of the college since 1st and 2nd donor have died and the petitioner is 3rd doner of the college and give recognition to her."

At the outset, the learned counsel for the petitioner submits that the petitioner would be filing appropriate petition before the Chairman, Bihar School Examination Board, who may be directed to consider constituting the governing body of the school in question, treating the petitioner as donor of the

Patna High Court CWJC No.1020 of 2021(2) dt.23-07-2021 3/3 college since the first and second donor have already died and the petitioner is the third donor.

The learned counsel for the respondent Board has submitted that in case the petitioner provides the requisite documents along with appropriate petition, the respondent Board shall definitely take a decision with regard to constitution of the governing body.

Accordingly, the present writ petition stands disposed off with liberty to the petitioner to approach the Chairman, Bihar School Examination Board, by filing appropriate petition within a period of 10 days from today, whereafter the Chairman, Bihar School Examination Board shall examine the case of the petitioner and pass a reasoned and a speaking order, in accordance with law, within a period of four weeks, thereafter. (Mohit Kumar Shah, J) S.Sb/- U