Jagesh Kumar Singh v. Bihar School Examination Board Through Its Chairman And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19979 of 2018 ====================================================== Jagesh Kumar Singh Son of Late Bhuwneshwar Prasad Singh, Principal, Vidyapati Inter College, Vidyapati Nagar, Resident of Village-Malkalipur, Police Station-Vidyapati Nagar, District-Samastipur. ... ... Petitioner/s

Versus

1. Bihar School Examination Board Through Its Chairman.

2. The Chairman, Bihar School Examination Board, (Senior Secondary), Budha Marg, Patna.

3. The Secretary, Bihar School Examination Board, (Senior Secondary). Budha Marg, Patna.

4. The Director, Academic, Bihar School Examination Board, Budha Marg, Patna.

5. The State of Bihar through the Director, Higher education, Bihar, Patna.

6. The Director (Secondary Education), Human Resources Development department, Bihar, Patna.

7. The Deputy Director (Secondary Education), Human Resources Development Department, Bihar, Patna.

8. The Regional Deputy Director, Education, Darbhanga Commissionary, Darbhanga.

9. The Sub-Divisional Officer, Dalsingsarai, District-Samastipur.

10. The District Education Officer, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Narayan Mishra For the Respondent State:

Mr. Madhaw Pd.Yadav, GP-23 Mrs. Meera Singh, AC to GP-23 For BSEB :

Mr. Sunil Kumar Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-11-2018 Counter affidavit has been filed on behalf of the Bihar School Examination Board bringing on record letter dated 24.11.2018, whereby, the school has been communicated about rejection of the petitioner's request for grant of affiliation by the Affiliation Committee of the Board and the Board itself. It appears from the said communication that the decision of the Board to refuse affiliation is based on the

Patna High Court CWJC No.19979 of 2018(5) dt.30-11-2018 2/2 decision of the Affiliation Committee. Section 10B(4) provides remedy of appeal to a person dissatisfied with the decision of the Committee of Affiliation within thirty days of communication before the State Government.

Learned Counsel appearing on behalf of the petitioner submits that the decision of the Affiliation Committee has so far not been communicated to the petitioner and, therefore, it is not possible for the petitioner to prefer appeal. I direct the Secretary, Bihar School Examination Board, to ensure that the petitioner is supplied with the decision of the Committee of Affiliation and the decision of the Board within two weeks from the date of receipt/production of a copy of this order. The petitioner shall be at liberty to prefer his appeal within thirty days from the date of such communication/supply of the documents in terms of the present order. The petitioner shall be at liberty to seek such information from the Board which may be relevant for taking up his appeal before the Appellate Authority.

This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) Pawan/Ragini U