Rajnish Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14152 of 2016 ====================================================== Rajnish Rai Son of Sri Suresh Prasad resident of Village and P.O.- Sikandarpur, P.S.- G.B. Nagar, Tarwara, District- Siwan. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director Secondary Education, Bihar, Patna. 4.

Bihar School Examination Board, Patna through the Chairman, Budh Marh, Patna.

5.

The Secretary, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramadhar Shekhar For the Respondent/s :

Mr.Smt. Shilpa Singh- Ga12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 14-02-2020 This petition has been preferred praying inter alia for the following reliefs:- "That this Public Interest Litigation (PIL) is being filed for a direction to the respondents to enquire the entire affiliated Secondary as well as Higher Secondary Schools, which were/are affiliated by Bihar School Examination Board for betterment of the education in Bihar as because there are so-many schools who have not fulfilled the basic infrastructure or criteria for their affiliation but they have already been affiliated by the Bihar School Examination Board, Patna, and role of the Bihar School Examination Board, Patna, is very lethargic and without following the procedure laid down under Rules granted the affiliation of such Schools in Bihar which causes harassment in education of Bihar, and students have led to a migration from the Bihar to other States like Delhi, Karnataka

Patna High Court CWJC No.14152 of 2016(25) dt.14-02-2020 2/2 and Orissa."

From the counter affidavit filed by the respondents, we find that the petition has served its purpose and now at this point of time, it cannot be said that the Schools lack basic amenities and infrastructure in Bihar. There is nothing on record to highlight such fact.

We may not be misunderstood to have expressed our opinion to the contrary but looking into the fact of the matter, there is nothing on record to support the news item indicating lack of infrastructure in some of the Schools in Bihar. Be that as it may, we permit the petitioner to agitate such surviving issue, before the appropriate authority, and thereafter take recourse to such remedy, as are available in accordance with law, including filing of petition specifically dealing with the Schools which are lacking such infrastructure. Petition stands disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) ranjan/- U