Jagdish Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13911 of 2019 ====================================================== Jagdish Manjhi Son of Asharfi Manjhi, Resident of Village Jamni Amnour, P.S. Ekma, District- Saran, at Present Secretary, Jagdish Vidyarthi Harijan High School, Jamni Amnour, Block Ekma, District- Saran. ... ... Petitioner/s

Versus

1.

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

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

3.

The Bihar School Examination Board, through its Secretary, Sinha Library Road, Patna.

4.

The Secretary Bihar School Examination Board, Sinha Library Road, Patna. 5.

The District Magistrate, Saran at Chhpara.

6.

The District Education Officer, Saran at Chharpa. 7.

The District Programme Officer, Establishment, Saran, Chhapra. 8.

The Block Education Officer, Block Ekma, District- Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Anuj, Advocate For the State :

Mr. Arbind Kumar Singh, A.C. to G.P. 20 For the B.S.E.B.

:

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner, learned counsel for the State, as well as learned counsel for the Bihar School Examination Board.

The grievance of the petitioner in the present writ application is inaction on the part of the Bihar School Examination Board in the matter of grant of Affiliation. Learned counsel for the petitioner, with reference to Annexures 5 and 6, would submit that the petitioner has

Patna High Court CWJC No.13911 of 2019(2) dt.10-07-2019 2/3 approached the District Programme Officer (Establishment), and the District Education Officer, District Saran, indicating therein that the institution has fulfilled all the conditions for grant of affiliation.

Learned counsel for the respondent Examination Board would submit that after the rejection of the claim of the petitioner earlier, the petitioner has not filed any application before the Examination Board. If the petitioner now fulfill all the conditions for grant of affiliation, he is required to approach the Bihar School Examination Board and on filing such application, the Examination Board will scrutinize the application of the petitioner in accordance with law and pass an appropriate order on the claim of the petitioner for grant of affiliation.

Considering the aforesaid, the present writ application is disposed of with liberty to the petitioner to file appropriate application in prescribed form before the Bihar School Examination Board for grant of affiliation along with a copy of this order. In the event the application is filed by the petitioner for grant of affiliation in prescribed form, the Examination Board is required to examine the claim of the petitioner and pass an appropriate order in connection with the grant of affiliation

Patna High Court CWJC No.13911 of 2019(2) dt.10-07-2019 3/3 of the petitioner institution. Necessary decision in this regard may be taken by the respondent Examination Board at the earliest preferably within a period of three months from the date of receipt of such application.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uma/- U