Patna High CourtCWJC/4654/2017disposed

Shri Thakur Lakshmi Narayan Inter College v. The State Of Bihar And ORS

2017-08-31Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4654 of 2017 =========================================================== Shri Thakur Lakshmi Narayan Inter College, Lohra, Barahiya, Lakhisarai, through its Principal-cum-Secretary, namely, Aditya Kumar Singh, Son of Sri Khajo Singh @ Siyaram Singh, resident of Village- Lohara, P.S.- Barahiya, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director (Secondary), Education Department, Government of Bihar, Patna.

3. The Chairman, Bihar School Examination Board, Budh Marg, Patna.

4. The Secretary, Bihar School Examination Board, Budh Marg, Patna. (Bihar Intermediate Education Counsel now vested in Bihar School Examination Board, Patna).

5. The District Education Officer, Lakhisarai, District- Lakhisarai. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Singh, Adv. For the Respondent/s : Mr. Kameshwar Kumar-GP17 =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER Date: 31-08-2017 The petitioner is aggrieved by letter, dated 21.10.2016, issued by the Secretary, Bihar School Examination Board, Patna (in short 'Board'), whereby, the affiliation granted by the Board to the petitioner-Shri Thakur Lakshmi Narayan Inter College, Lohra,

Patna High Court CWJC No.4654 of 2017 dt.31-08-2017 2/2 Barahiya, Lakhisarai, has been withdrawn/cancelled, for the reasons incorporated therein. The petitioner is also aggrieved by the actions consequential to the said withdrawal/cancellation of the affiliation for conducting Senior Secondary course.

2. The case of the petitioner-college appears to be squarely covered by a decision of this Court, dated 24.08.2017, passed in CWJC No. 1366 of 2017 (Ucchatar Madhyamik School (+2) Vs. The State of Bihar & Ors.) and other analogous cases.

3. It appears that before issuance of the letter, the matter was not placed before the Committee of Affiliation. Further, there is nothing to show that the Board has taken into account the proviso to sub-Regulation (3) and sub-Regulation (4) of Regulation 3 of Bihar School Examination Board (Senior Secondary) Affiliations Regulations, 2013.

4. The impugned letter and all consequential actions are, accordingly, set-aside. This application stands disposed of in terms of the order of this Court, dated 24.08.2017, passed in CWJC No. 1366 of 2017 and other analogous cases. (Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 04.09.2017 Transmission Date N/A