Patna High CourtCWJC/14848/2017allowed

Prashant Kumar Singh v. The State Of Bihar And ORS

2018-12-03Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14848 of 2017 ====================================================== Prashant Kumar Singh, S/o Sri Indrajeet Singh, R/o 3rd Floor, SBI Building, Main Road, Kankarbagh, P.S.- Kankarbagh, Distt- Patna (Principal cum Secretary, Mahakali Ravinath Memorial Vidyapith, Higher Secondary School, Makaranda, Manigachhi, Darbhanga, Bihar).

... ... Petitioner/s

Versus

1. The State of Bihar.

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

3. The Director, Higher Education, Bihar, Patna.

4. The Bihar School Examination Board through its Secretary, Patna.

5. The Chairman, Bihar School Examination Board, Patna.

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Board :

Mr. Gyan Shankar For the State :

Mr. Kameshwar Kumar -GP17 Mr. Arbind Kumar, GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-12-2018 Aggrieved by the order dated 23.05.2017 passed by the Bihar School Examination Board, whereby an application seeking affiliation up to senior secondary level in favour of Mahakali Ravinath Memorial Vidyapith, Higher Secondary School, Makaranda, Manigachhi, Darbhanga, Bihar, has been refused, the petitioner has approached this Court. Learned counsel, appearing on behalf of the Board, does not dispute that the petitioner's case is squarely covered by a decision of this Court dated 24.08.2017 in case of Ucchatar Madhyamik School (+2) Kabar Vs. The State of Bihar and

Patna High Court CWJC No.14848 of 2017(5) dt.03-12-2018 2/3 Ors. and with other analogues cases (Annexure-11 to this writ application) and subsequent judgment of the Division Bench rendered on 10.10.2017 in case of The Bihar School Examination Board & Ors. Vs. Trimurti Inter College & Another and with other analogues cases.

In view of the stands so taken, the impugned order dated 23.05.2017 is hereby set aside. The Board is directed to consider the case of the petitioner afresh for grant of affiliation, in accordance with law.

Learned counsel, appearing on behalf of the petitioner, submits that the petitioner shall pursue his case for grant of affiliation for senior secondary classes only and contends that the school fulfills the requisite criteria for grant of affiliation to that extent, in any view of the matter. The petitioner shall be at liberty to take appropriate steps for seeking affiliation for senior secondary level only before the Bihar School Examination Board in accordance with the procedure prescribed under the Affiliation Regulation. This writ application stands disposed of with the observations, as above.

The Court expects that final decision is taken by the Board by 15th of March, 2019, so that if the petitioner's

Patna High Court CWJC No.14848 of 2017(5) dt.03-12-2018 3/3 application for grant of affiliation is decided in his favour, the school, in question, is in a position to admit students for the next academic session.

(Chakradhari Sharan Singh, J) Ashish/- U