Patna High CourtCWJC/10319/2018disposed

Adarsh Sanskrit Uchch Vidyalaya Kurmawan v. The State Of Bihar And ORS

2018-08-14Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10319 of 2018 ====================================================== Adarsh Sanskrit Uchch Vidyalaya Kurmawan, Gaya through it's Acting Head-master Krishna Kant Sinha, S/o Late Ram Birksha Prasad, resident of Village- Kurmawan, P.S.- Konch, District- Gaya. ... ... Petitioner/s

Versus

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

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

3. The Joint Secretary to the Government, Education Department, Government of Bihar, Patna.

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

5. The Deputy Secretary to the Government, Education Department, Government of 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. Hemant Kumar Jha For the Respondent/s :

Mr. Madhaw Pd. Yadaw- GP-23 For the Board : Mr. S.S. Sundram & Mr. Shashank Shekhar Jha.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2018 This Court is informed that the impugned orders contained in Annexure-1 dated 15.06.2002, Annexure-2 dated 21.07.2008 and Annexure-3 dated 05.03.2012 have been quashed in CWJC No. 1727 of 2009 and other analogous cases. Extract of the said order has been annexed as Annexure-5 to the writ application. If this be so, the writ application is required to be allowed but it shall be subject to outcome of LPA No. 946 of 2015 since the said decision of the learned Single Judge is

Patna High Court CWJC No.10319 of 2018(2) dt.14-08-2018 2/2 before the Division Bench for consideration.

2. In addition to that certain issue relating to such recognition or cancellation is before a Constitution Bench of the Hon'ble Supreme Court and the matter is under active consideration.

3. The said decision also may have a reflection as and when it is ready.

4. The question of payment to the petitioner will be considered by the appropriate authorities if demand is raised.

5. The writ application stands disposed of with observation as above.

(Chakradhari Sharan Singh, J) arun/- U