S. L. Sanskrit Prathmik Sah Uchch Vidyalaya And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8523 of 2018 1.
Urmila Tarkeshwar Sanskrit Prathmik Sah Madhyamik Vidyalaya and Anr 2.
Achutanand Jha, Son of Devendra Jha, Headmaster, Urmila Tarkeshwar Sanaskrit Prathmik Sah Madhyamik Vidyalaya, Khajuraha, Block Sonbarsa Raj, District Saharsa.
... ... Petitioners
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.
The Special Director, Secondary Education, Govt. of Bihar, Patna. 4.
The Chairman, Bihar Sanskrit Board, Patna. null null 5.
The Secretary, Bihar Sanskrit Siksha Board, Bihar, Patna. 6.
The District Education Officer, Saharsa.
7.
The District Programme Officer, Establishment, Saharsa. ... ... Respondents with Civil Writ Jurisdiction Case No. 8629 of 2018 1.
S. L. Sanskrit Prathmik Sah Uchch Vidyalaya and Anr 2.
Ramesh Prasad, Son of Sri Sri Brijnandan Singh, Headmaster, S.L. Sanskrit Prathmik Sah Uchch Vidyalaya, Resident of Navgadh, Post Asarhi, Block Hilsa, District Nalanda.
... ... Petitioners
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.
The Special Director, Secondary Education, Govt. of Bihar, Patna. 4.
The Chairman, Bihar Sanskrit Siksha Board, Patna. null null 5.
The Secretary, Bihar Sanskrit Siksha Board, Bihar, Patna. 6.
The District Education Officer, Nalanda.
7.
The District Programme Officer Establishment, Nalanda. ... ... Respondents with Civil Writ Jurisdiction Case No. 8756 of 2018 1.
M. M. Veduan Swami Sanskrit Uccha Vidyalaya and Anr Son of Shri Rajendra Dwivedi, Resident of village- Bisunpur, P.S.- Parasi, District-
2/5 Arwal.
2.
Narad Swami Prathmik Sah Madhya Sanskrit Vidyalaya, Vinit Bigha, Masadpur through Secretary, Vinit Son of Shri Rajendra Dwivedi, Resident of Village- Bisunpur, P.S. Parasi, District- Arwal. ... ... Petitioners
Versus
1.
The State Of Bihar through Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2.
The Principal Secretary Finance Department, Government of Bihar, Patna. 3.
The Secretary, Education Department, Government of Bihar, Patna. 4.
The Special Director Secondary Education, Bihar, Patna. 5.
The Director Secondary Education, Bihar, Patna. 6.
The Director Administrative -cum-Additional Secretary, Government of Bihar, Patna.
7.
The Deputy Secretary, Education Department, Government of Bihar, Patna. 8.
The Chairman, Bihar Sanskrit Education Board, Bihar, Patna. 9.
The Secretary, Bihar Sanskrit Education Board, Patna. 10.
The District Education Officer, Arwal.
11.
The District Programme Officer Establishment, Arwal. ... ... Respondents with Civil Writ Jurisdiction Case No. 8898 of 2018 1.
Rukmini Dhanesh Sanskrit Prathmik Sah Madhyamik Vidyalaya and Anr 2.
Rudra Narayan thakur Son of Sri Dhaneshwar Thakur Headmaster, Rukmini Dhanesh Sanskrit Prathmik Sah Madhyamik Vidyalaya, Resident of Manauri, Block Sonbarsa, District Saharsa.
... ... Petitioners
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.
The Special Director, Secondary Education, Govt. of Bihar, Patna. 4.
The Chairman, Bihar Sanskrit Shiksha Board, Patna. 5.
The Secretary, Bihar Sanskrit Siksha Board, Bihar, Patna. 6.
The District Education Officer, Saharsa.
7.
The District Programme Officer, Establishment, Saharsa. ... ... Respondents
3/5 Appearance :
(In Civil Writ Jurisdiction Case No. 8523 of 2018) For the Petitioner/s :
Mr. Satyapal Singh, Adv.
Mr. Rajnish Kumar Choubey, Adv.
For the Respondent/s :
Mr. Madhaw Prasad Yadav -GP-23 For the Board : Mr. Satyam Shivam Sundaram, Adv. (In Civil Writ Jurisdiction Case No. 8629 of 2018) For the Petitioner/s :
Mr. Satyapal Singh, Adv.
Mr. Rajnish Kumar Choubey For the Respondent/s :
Mr. Hitesh Suman, AC to SC-13 (In Civil Writ Jurisdiction Case No. 8756 of 2018) For the Petitioner/s :
Mr. Anuj Kumar, Adv.
For the Respondent/s :
Mr. Prabhakar Jha- GP-27 For the Board : Mr. Satyam Shivam Sundaram, Adv. (In Civil Writ Jurisdiction Case No. 8898 of 2018) For the Petitioner/s :
Mr. Satyapal Singh, Adv.
Mr. Rajnish Kumar Choubey For the Respondent/s :
Mr. S.C.Mishra -Sc16 CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 05-07-2022 The petitioners are before this Court for issuing a direction to the respondents to release their grant as they are recognized institutions.
Learned counsel appearing for the State submits that before issuing grant, the State has to satisfy that the institutions are having the minimum required norms as laid down under the rules. For the said purpose the State authorities are also conducting inspection from time to time.
I have considered the submissions.
The writ petitions are essentially pending before this Court for releasing of grant from the State Government. The State authorities have already taken a decision to release grant to all the Educational Institutions and rules have also been framed
4/5 for the purpose. The condition of grant has to be treated differently from that of condition of recognition. If the institutions are already recognized, they need not apply again afresh for recognition. However, for the purpose of issuance of grant, the State Government can conduct inspection to find out whether the norms as laid down from time to time are being followed by the recognized institutions. If the said institutions are lacking in any requirement, such deficiencies are required to be pointed out to the institution and if they fulfill such deficiency, grant may be release. However, this would not entail derecognition of the institutions in any manner.
Accordingly, it is directed that the State authorities shall conduct inspection after giving information of at least 1015 days to the concerned institutions and conduct an inspection accordingly, if there are deficiency, the said deficiency shall be conveyed to the institution and upon their fulfilling such deficiency, the State authorities may satisfy themselves by conducting a second inspection and pass speaking order thereafter. If the institutions have meted out with the deficiency the grant shall be released accordingly.
The exercise shall be conducted within a period of four months henceforth.
5/5 The writ petitions are accordingly disposed of. (Sanjeev Prakash Sharma, J) amit/- Item no.49 U