M/S Gulab Memorial Inter College v. The Bihar School Examination Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24822 of 2019 ====================================================== M/s Gulab Memorial Inter College Bettiah, West Champaran, through its Secretary Fakhrul Alam, aged about 73 years, Male, S/o Late Sk. Md. Jan, R/o Moh-Ganj no. 1, Naya Tola, Bettiah, P.S. Town, District-West Champaran.

... ... Petitioner/s

Versus

1.

The Bihar School Examination Board through its Secretary, Buddha Marg, Bihar, Patna.

2.

The Chairman, Bihar School Examination Board, Buddha Marg, Patna. 3.

The Educational Director (Higher Education), Bihar School Examination Board, Buddha Marg, Patna.

4.

The District Magistrate, West Champaran, Bettiah. 5.

The District Education Officer, West Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandeep Kumar, Adv.

Mr.Shailesh Kumar, Adv.

For the State :

Smt.Shilpa Singh (GA12) For the B.S.E.B. : Mr. Manish Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-10-2020 Heard Mr. Sandeep Kumar, learned counsel for the petitioner, Smt. Shilpa Singh, learned G.A.12 and Mr. Manish Kumar, learned counsel for the Bihar School Examination Board through video conferencing.

The petitioner in this writ petition seeks direction to the Bihar School Examination Board to increase the strength of students in different faculty of Arts, Science and Commerce in the institution of the petitioner.

Learned counsel for the petitioner submits that let the

Patna High Court CWJC No.24822 of 2019(3) dt.13-10-2020 2/2 petitioner be allowed to file an application before the Chairman, Bihar School Examination Board in prescribed proforma with requisite fees and on such, Chairman, Bihar School Examination Board shall hear the petitioner and if the required facilities are available in the school, the Chairman, Bihar School Examination Board shall pass the order in accordance with law so that the students of the petitioner school may appear in the examination.

Mr. Manish Kumar, learned counsel for the Bihar School Examination Board has got no objection. Having considered the submissions of both sides, I dispose of this writ petition with a direction to the petitioner to file the appropriate petition in prescribed proforma with requisite fees within a week from today and after having received such petition, the Chairman, Bihar School Examination Board shall hear the petitioner and pass order in accordance with law within four weeks thereafter.

With the aforesaid direction, this writ petition stands disposed of.

(Prabhat Kumar Jha, J) Saurabh/- U