Kalika Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No. 456 of 2016 Arising out of Letters Patent Appeal No. 687 of 2014 Along with Interlocutory Application No. 2008 of 2017 ====================================================== Kalika Prasad Singh S/o Late Ram Udar Singh, In charge H.M. of Anand Sanskrit High School, Mirjapur, Raj Nagar, Madhubani R/o vill. Simri, P.S. Raj Nagar, Dist. Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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

3. The Special Director, Secondary Education, Education Department, Government of Bihar, Patna.

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

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

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) Dated: 26.04.2017 Heard learned counsel for the petitioner and the State. Re.: Interlocutory Application No. 2008 of 2017

2. The Interlocutory Application has been filed seeking condonation of delay of 108 days in filing the review application.

3. Upon hearing learned counsel for the parties and taking into consideration the averments made in the Interlocutory

Patna High Court C. REV. No.456 of 2016 dt.26-04-2017 2/3 Application, we find that sufficient cause has been shown by the Civil Review petitioner for not filing the application within the period prescribed.

4. In view thereof, delay in filing the Civil Review application stands condoned.

5. Interlocutory Application No. 2008 of 2017 stands disposed off.

Re.: Civil Review No. 456 of 2016

6. The present application is filed seeking review of the order dated 03.05.2016 passed in Letters Patent Appeal No. 687 of 2014.

7. Learned counsel for the petitioner submitted that in spite of the school in question fulfilling all the required conditions for recognition, the same has been wrongly denied to the petitioner. He also contended that many similarly situated institutions had been granted recognition. Learned counsel further submitted that even as per the order under review, the authorities have not taken steps in the matter.

8. Having heard the learned counsel for the parties, we do not find any merit in the present review application.

9. The parameters for seeking review are well defined and the same does not envisage re-hearing of the matter on merit.

Patna High Court C. REV. No.456 of 2016 dt.26-04-2017 3/3 The Court in its order dated 03.05.2016 had directed the Bihar Sanskrit Shiksha Board to consider the availability of infrastructure for the purpose of recognition and once it was found that the institution of the appellant was not deficient in infrastructure, the case was to be recommended to the State for necessary orders. This Court cannot grant any further relief in the present review application.

10. For the reasons aforesaid, the application stands dismissed.

(Kishore Kumar Mandal, J.) (Ahsanuddin Amanullah, J.) HR/- AFR/NAFR U