Dr. Parshuram Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18515 of 2018 ====================================================== Dr. Parshuram Mishra S/o Late Madheshwar Mishra the Secretary Sanjay Gandhi Mahila College, P.S. - Kotwali, District - Gaya. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, Patna.

2. The Secretary, Bihar School Examination Board, Patna.

3. The District Magistrate, Gaya.

4. The District Education Officer, Gaya.

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

For the Petitioner/s :

Mr. Samir Kumar For the B.S.E.B.

:

Mr. Lalit Kishore, Sr. Adv.

Mrs. Binita Singh For the Respondent/s :

Mr. Namendra Kumar, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the parties.

2. Though this writ application has been filed against letter dated 02.08.2018, issued by the Bihar School Examination Board, addressed to the Principal, Sanjay Gandhi Mahila Inter College, Gaya asking her to explain as to why the school in question should not be directed to be closed since against the terms of affiliation, as per the notice, the college is running in a leased building, in violation of affiliation regulations, learned counsel appearing on behalf of the petitioner submits that the petitioner has submitted his response to the said show cause notice and the Board may be directed to pass an appropriate

Patna High Court CWJC No.18515 of 2018(2) dt.18-09-2018 2/2 order in the matter after considering the petitioner's reply.

3. The petitioner claims to be the Secretary of the said college.

4. Considering the nature of relief which is being sought and the stand taken on behalf of the petitioner, this application is disposed of with a direction to the Secretary, Bihar School Examination Board, to ensure that a decision is taken upon consideration of petitioner's reply to the show cause notice expeditiously within a period of two months from the date of receipt/production of a copy of this order. The Court expects that if the decision of the Board is to go against the petitioner, the petitioner must be communicated the decision with reasons thereof.

5. The petitioner will be at liberty to bring on record new facts and other materials in his representation to be filed along with the present order which, too, shall be taken into account by the Board while taking decision in compliance of this Court's order.

6. This application stands disposed of.

(Chakradhari Sharan Singh, J) arun/- U