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Patna High CourtMJC/87/2021disposed

Ram Chandra Bhagat v. The State Of Bihar

2025-04-16Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.87 of 2021 In Civil Writ Jurisdiction Case No.16971 of 2019 ====================================================== Ram Chandra Bhagat Son of Bishuni Bhagat, Resident of Village- Bishunpur Gang Urf Baikatpur, Post Office- Motipur, Police Station- Kanti, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Sanjay Kumar, Principal Secretary, Education Department, Government of Bihar, Patna.

2.

Sri Sanjay Kumar, Principal Secretary, Education, Government of Bihar, Patna.

3.

Manoj Kumar, Special Director, Madhyamik Shiksha, Education Department, Government of Bihar, Patna.

4.

Rajesh Kumar, The Bihar Sanskrit Shiksha Board through Secretary. 5.

Dr. Bharti Mehta, The Chairman, Bihar Sanskrit Shiksha Board, Patna. 6.

Anil Kumar, The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, Advocate Ms. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 16-04-2025 This contempt petition has been filed alleging violation of the order dated 20.08.2019 passed in C.W.J.C. No. 16971 of 2019, wherein the Special Director, Secondary Education was directed to take appropriate decision with regard to grant of recognition to the institution in question at the earliest preferably within a period of three months from the date of receipt of a copy of the order.

2. Opposite Party Nos. 2 and 3 have filed the show

Patna High Court MJC No.87 of 2021(3) dt.16-04-2025 2/3 cause. The Special Director, Madhyamik Shiksha, Education Department, Government of Bihar, Patna is opposite party No.3. In the show cause filed by the opposite party Nos. 2 and 3, it has been stated in paragraph 15 as under :

"15. That it transpires that the Special Director, Secondary Education considered the enquiry report submitted by the District Magistrate, Muzaffarpur and ultimately he rejected the claim of the petitioner for grant of prior approval for recognition of the said school by passing a detailed reasoned order, the same is being mentioned hereinbelow in a summarised manner:- (i) The said School owns eight rooms but the measurement of the same is not in consistent with the relevant provisions.

(ii) It is not clear in respect of compliance of policy of reservation.

(iii) No mention of the number of books in the Library."

3. A copy of the order passed by the Special Director, Secondary Education dated 21.12.2023 contained in Memo No. 1928 rejecting the claim of the petitioner for grant of prior approval for recognition of the school has also been enclosed as Annexure R/H to the show cause filed by the opposite party Nos. 2 and 3.

Patna High Court MJC No.87 of 2021(3) dt.16-04-2025 3/3

4. On perusal of paragraph 15 of the show cause filed by the opposite party Nos. 2 and 3 as well as the order dated 21.12.2023 contained in Memo No. 1928 passed by the opposite party No.3, I find that the order dated 20.08.2019 passed in C.W.J.C. No. 16971 of 2019 has been complied with by the opposite parties.

5. In that view of the matter, this contempt petition shall stand closed and disposed of with a liberty granted to the petitioner to challenge the order dated 21.12.2023 contained in Memo No. 1928 passed by the opposite party No.3 / The Special Director, Madhyamik Shiksha, Education Department, Government of Bihar, Patna, if so advised.

(Nani Tagia, J) Narendra/- U