Diwakar Tripathi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1681 of 2017 ====================================================== Diwakar Tripathi, S/o Late Swami Nath Tripathi, Resident of Village + P.O.- Belhikhas, P.S.-Kateya, District-Gopalganj.

... ... Petitioner/s

Versus

1. The State of Bihar

2. The Special Director, Secondary Education, Government of Bihar, New Secretariat, Patna.

3. Sanskrit Siksha Board through its Chairman,Chitkohra, Patna.

4. Secretary, Sanskrit Siksha Board, Chitkihra, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh For the Respondent/s :

Mr. Jai Prabhat Kishore, AC to SC-13 For the Board : Mr. Satyam Shivam Sundram, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-01-2018 Heard learned counsel for the parties.

2. This application has been filed seeking direction to decide the issue in relation to grant of recognition of Baba Vishwanath Sanskrit Primary-cum-High School, Belhi Khan, Kateya, in terms of the order, dated 15.02.2010, passed in LPA No. 797 of 2009 (Girija Devi Vs. the State of Bihar and others). The said order has been brought on record by way of Annexure1 to this writ application, relevant portion of which reads thus:- "We are not aware as to actual cases of how many institutions are pending for report through various District

Patna High Court CWJC No.1681 of 2017(2) dt.02-01-2018 2/3 Magistrates, but according to the learned counsel for the Board, the number is approximately 1700. In the facts of the case, it appears necessary to direct the State Government particularly the Principal Secretary, Human Resources Development Department and also the Chief Secretary, Bihar to consider the difficulties being faced by the Board on account of alleged inaction by the District Magistrates, which according to the Board, has caused delay and the Board cannot decide the recognition matter and forward the same to the Government, unless the reports of inspection are forwarded by the District Magistrates concerned.

The aforesaid high functionaries of the State of Bihar shall issue required instructions to the District Magistrates so as to ensure that the reports as required, are forwarded to the Board within a period of six weeks from to-day. In the meantime, the Board must keep on processing the pending cases so that the spirit of time schedule prescribed by the writ court is followed and all the cases pending for recognition are finalized before holding the Madhyama Examination."

3. This writ application is disposed of with an observation that if the petitioner's case deserves consideration under the orders of the Division Bench of this Court in case of Girja Devi Vs. State of Bihar & Ors (supra), and a decision has not yet been taken, let decision be taken in terms of the said judgment and order passed in case of Girja Devi Vs. State of

Patna High Court CWJC No.1681 of 2017(2) dt.02-01-2018 3/3 Bihar & ors (supra).

(Chakradhari Sharan Singh, J) arun/- U