Sudhakar Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.189 of 2021 ====================================================== Sudhakar Roy S/o Late Ramashray Roy R/o- Ward No. 08, Rani, P.S.- Bachhawara, District- Begusarai.
... ... Petitioner/s
Versus
1.
The State of Bihar Through the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.
2.
The Deputy Secretary Human Resources Department, Govt. of Bihar, Patna. 3.
The District Officer Begusarai.
4.
The District Education Officer Begusarai.
5.
The Secretary Bihar School Examination Board, Patna. 6.
The Examination Controller Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar Sinha No.1, Advocate For the Respondent/s :
Mr.Sabal Kumar Jha, Advocate Ms. Shilpa Singh, GA 12 Mr. Gyan Shankar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 06-09-2021 Heard learned counsel for the parties.
Petitioner has prayed for following reliefs:- (I) For issuance of an appropriate writ in nature of certiorai for quashing the order vide letter No.40731 dated 27/5/2020 issued under signature of Deputy Secretary, Humarn Resources Department (respondent no.2) whereby and whereunder a decision has been taken to change the name of High School, Rani to Surendra - Umendra High School, Rani without any consultation of any official of the department and local people of the locality.
(ii) For issuance of an appropriate writ in
Patna High Court CWJC No.189 of 2021 dt.06-09-2021 2/3 nature of mandamus commanding the respondents to change the name of the school as High School, Rani, instead of Surendra- Umendra High School, Rani.
(iii) For issuance of a writ in nature of mandamus commanding the respondents Bihar School Examination Board to explain the reason why issue marks sheet and provisional certificate in new name of school prior to change the name i.e. 26/5/2020.
(iv) For any other relief / reliefs which petitioner is entitled too."
The counter affidavit has been filed in which, it has been stated that on receipt of resolution passed by the Gram Sabha for adding the name of late Surendra Kumar Sharma and late Umendra Kumar Sharma, who had donated the land for establishment of school along with deed of donated land and on receipt of which, District Education Officer, Begusarai by letter dated 8.10.2018 was directed to enquire the matter and send its report and District Education officer by its letter dated 10.8.2019 send the necessary report along with recommendation to include both names with the name of school as both had donated 5 bighas 10 khatas of the land value of which at present is rupees 2 crore 36 lakhs 60 thousand two hundred and on said recommendation, proposal was duly considered in the department as per the provisions of government letter no.705 dated 12.10.1982 and was sent to the government which approved said proposal of department and accordingly order
Patna High Court CWJC No.189 of 2021 dt.06-09-2021 3/3 was issued vide memo no.721 dated 27.5.2020.
In view of statement made in the counter affidavit, the decision of the government does not require any interference and, accordingly, the writ petition is disposed of . (Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.11.2021 Transmission Date NA