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Patna High CourtCWJC/654/2023dismissed

Bhushan Ram v. The State Of Bihar

2023-02-03Mr. Justice Sanjeev Prakash Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.654 of 2023 ====================================================== Bhushan Ram Son of Late Madan Ram, Resident of Village - Sukhashan Ansh, P.S. - Kishanpur, District - Supaul.

... ... Petitioner/s

Versus

1.

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

2.

Principal Secretary, Primary Education, Bihar, Patna. 3.

Director, Primary Education, Bihar, Patna.

4.

Special Director, Secondary Education, Bihar, Patna. 5.

Bihar Sanskrit Education Board, Patna through its Chairman. 6.

Chairman, Bihar Sanskrit Education Board, Patna. 7.

Secretary, Bihar Sanskrit Education Board, Patna. 8.

District Magistrate, Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratan Kumar, Adv.

For the Respondent/s :

Mr. Kameshwar Kumar ( GP 17 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 03-02-2023

1. The petitioner has prayed for quashing of letter dated 27.08.2019, whereby the recognition of the School was denied. Further, he prays for directing the Principal Secretary to accord approval to the petitioner's school and grant recognition to it with all consequential benefits. Other prayers have also been made. From the perusal of the writ petition, it is noticed that the petitioner had earlier preferred writ petition before this Court bearing C.W.J.C. No. 22620/2019 Bhusan Ram Vs. The State

Patna High Court CWJC No.654 of 2023 dt.03-02-2023 2/3 of Bihar & Ors. dated 09.12.2019, wherein this Court passed following order :- "The school of the petitioner was not granted affiliation due to non-fulfillment of the criteria laid down in Bihar Non-Government Sanskrit Schools (Recognition and Conditions) Rules, 1993.

Learned counsel for the petitioner after some arguments seeks permission to withdraw this writ petition with liberty to move before the authority for grant of affiliation to the school after fulfilling all the criteria enumerated in the Rule itself.

Prayer is allowed.

The writ petition is disposed of as withdrawn with the aforesaid liberty."

The writ petition was withdrawn with liberty to move authority for grant of affiliation.

2. Admittedly, there is no order on record, whereby the authorities rejected or allowed the affiliation application. Without waiting for the said result, again fresh writ petition has been filed challenging the same order which was passed earlier. This Court had not entertained his earlier writ petition which he withdrew seeking permission with liberty to move the authorities. Again successive writ petition has been filed which is a sheer wastage of time and abuse of process of Court.

Patna High Court CWJC No.654 of 2023 dt.03-02-2023 3/3

3. The writ petition is accordingly dismissed with a cost of sum of Rs. 20,000 (Twenty Thousand) to be deposited in the Bihar State Legal Services Authority.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 33 AFR/NAFR CAV DATE Uploading Date Transmission Date