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Patna High CourtCWJC/8799/2017dismissed

Abhiruchit Kumar v. The State Of Bihar And ORS

2018-01-25Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8799 of 2017 ======================================================

1. Abhiruchit Kumar, S/o late Biswanth Singh, resident of Aadarsh Ram Janki Shiksha-Sah-Seva Samittee (N.G.O.), at Kanhauli Math, P.S. Mithanpura, District- Muzaffarpur .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

3. The Director, Primary Education Human Resources Development Department, Govt. of Bihar, Patna.

4. The Finance Secretary, Finance Department Govt. of Bihar, Patna.

5. The District Programme Officer (Primary Education & Sarv Shiksha Abhiyan), Bihar Education Project, Muzaffarpur.

6. The District Welfare Officer, Muzaffarpur.

7. The District Education Officer, Muzaffarpur.

8. The Block Education Extension Officer, Musahari, District- Muzaffarpur. .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Gajendra Kumar Singh, Adv. For the State : Mr. Prabhakar Jha, GP XXVII with Mr. Umesh Narayan Dubey, AC to GP XXVII For BEPC : Mr. Girijesh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2018 Heard learned counsel for the parties.

The present writ application has been filed seeking direction to the respondents to grant permission/regular approval to all seven minority schools (primary) mentioned in paragraph 4 of the application established for imparting education in terms of Article 30(2) of the Constitution of India. List of the seven schools have been mentioned in paragraph 4 of the writ application, which are as under :

(i) Arun Middle School, Chakmohabbat Kazipur,

Patna High Court CWJC No.8799 of 2017 (3) dt.25-01-2018 2/3 Musahari, district Muzaffarpur, (ii) Ram Janki Balak Middle School, Kanhauli Math, Muzaffarpur, (iii) Sarswati middle School, Kanhauli Bisundutt, Muzaffarpur, (iv) Ram Vinay Singh Middle School, Punikal Chowk, Chandwara, Muzaffarpur, (v) Parwati Middle School, Budh Nagara Jagarnath, Musahari, Muzaffarpur, (vi) Bright Future Boarding School, Bakhari Chowk, Darbhanga Road, Muzaffarpur, (vii) Gyandhara Shiksha Pith, Ahiyapur, Musahari, Muzaffarpur The petitioner has described himself in paragraph 3 of the application to be resident of Aadarsh Ram Janki ShikshaSah Seva Samittee, at Kanhauli Math, P.S. Mithanpura, district Muzaffarpur, a registered society. He also claims to be a social worker. It is nowhere stated that the said minority schools have been established by the said Aadarsh Ram Janki Shiksha-Sah Seva Samittee of which he claims to be the President. In my view, the petitioner does not have any locus standi to maintain this application.

Patna High Court CWJC No.8799 of 2017 (3) dt.25-01-2018 3/3 This application is, accordingly, dismissed as not maintainable. The question as to whether the said schools are entitled for permission/recognition or not has not been gone into in view of the dismissal of the writ application on the ground of nonmaintainability. (Chakradhari Sharan Singh, J) SA/- U