Patna High CourtCWJC/6205/2017allowed

Rajeev Kumar And ANR v. The State Of Bihar And ORS

2017-09-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6205 of 2017 ===========================================================

1. Rajeev Kumar, son of Sri Ram Lagan Rai, resident of village - Rajapakar, P.S. - Rajapakar, District - Vaishali at Hajipur.

2. Akhilesh Kumar, son of Sri Suresh Rai, resident of village - Salempur Dumaria, P.S. Goraul, District - Vaishali at Hajipur.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

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

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

4. District Education Officer, Vaishali at Hajipur.

5. Deputy Development Commissioner-cum-Chairman (Inspecting Team), Vaishali at Hajipur.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeet Kumar Tiwari, Adv. For the State : Mr. Amit Bhushan, AC to GP-17 For the BSEB : Mr. Gyan Shankar, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER Date: 01-09-2017 The petitioners are, in substance, aggrieved by the decision of the Bihar School Examination Board (in short 'Board') to suspend their affiliation and cancel the affiliation so granted by the Board earlier.

2. Heard the parties.

3. It has been submitted on behalf of the petitioners, who claim to be the Secretaries of Sri Ram Chandra Senior Secondary School, Rajapakar, Vaishali at Hajipur and Sri Kapildeo Rai Higher Secondary School (+2), Sumerganj, Chekara

Patna High Court CWJC No.6205 of 2017 dt.01-09-2017 2/2 Kala, District-Vaishali, that even before suspending the affiliation and cancellation, the students of the two schools were tagged with some other schools for the purpose of Annual Examination, held in 2017. Learned counsel, appearing on behalf of the petitioners, has also drawn my attention to a recent order, dated 26.07.2017, issued by the District Education Officer, Vaishali at Hajipur, whereby, the said tagging has been allowed to continue.

4. In my view, the case of the petitioners is squarely covered by a recent 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.

5. The impugned order, dated 12.04.2017, brought on record by way of Annexures 12 and 13 to I.A. No. 4581 of 2017, stands quashed. The consequences shall follow in terms of the said decision of this Court, dated 24.08.2017, passed in CWJC No. 1366 of 2017 and other analogous cases.

6. This application is, accordingly, allowed. (Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 04.09.2017 Transmission Date N/A