← Library
Patna High CourtCWJC/18380/2019allowed

Sharda Sadan Sanskrit Madhyamik Vidyalaya v. The State Of Bihar

2023-11-23Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18380 of 2019 ====================================================== Sharda Sadan Sanskrit Madhyamik Vidyalaya Chaipur East Champaran through its Head-Master Awadesh Kumar Jha, Son of late Bhagwat Jha, Resident of Village- Chhagraha, P.O. Chhapra Bahas, P.S. Sugauli, DistrictEast Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Joint Secretary, Department of Education, Government of Bihar, Patna. 4.

The Special Director (Sanskrit), Secondary, Primary and Adult Education, Government of Bihar, Patna, Bihar.

5.

The Deputy Secretary, Department of Education, Government of Bihar, Patna, Bihar.

6.

The Chairman, Bihar Sanskrit Shiksha Board, Patna. 7.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan, Advocate For the Respondent/s :

Smt.Shilpa Singh (GA 12) :

Ms. Abhanjali, AC to GA 12 For S.S.B.

:

Mr. S.S. Sundram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-11-2023 1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner has challenged the impugned order dated 05.03.2012 by which the recognition granted to the school has been withdrawn by the Chairman of the Board and ratified by Annexure-3.

3.

Learned counsel for the petitioner submits that

Patna High Court CWJC No.18380 of 2019(4) dt.23-11-2023 2/3 similar issue was considered by the Division Bench of this Court in LPA No. 366 of 2009 in which it has been held that power of recognition and withdrawal of the Sanskrit School under the Bihar Sanskrit Education Board, 1981 is vested in the Board and not in its chairman.

4.

Referring to Annexure-5, learned counsel for the petitioner submits that the impugned order dated 15.6.2002 has already been quashed by a coordinate Bench of this Court in CWJC No. 1727 of 2009 and other analogous cases reported in 2013(4) PLJR 268 (Sarswati Bhawan Jai Kant Madhyamic Sanskrit Vidalaya Vs. State of Bihar and others.). Learned counsel further submits that LPA No. 946 of 2015 has already been dismissed. 5.

On the other hand, learned counsel for the Board admits that the case of the petitioner is covered by the Judgment reported in 2013(4) PLJR 268.

6.

In view of the aforesaid submission made by the parties, this writ application is allowed and the order vide Memo No. 3077 dated 15.6.2002 passed by the Bihar Sanskrit Shiksha Board, Patna (Annexure-1) and order vide Memo No. 287 dated 5.3.2012 passed by the Education

Patna High Court CWJC No.18380 of 2019(4) dt.23-11-2023 3/3 Department, Bihar, Patna, are quashed and this writ application is disposed of in terms of the Judgment reported in 2013(4) PLJR 268.

(Anil Kumar Sinha, J) rinkee/- U