Patna High CourtCWJC/22853/2018disposed

Ram Janaki Mahanth Triveni Das Madhyamik Sah Uchch Madhyami Vidyalaya v. State Of Bihar And ORS

2018-12-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22853 of 2018 ====================================================== Ram Janaki Mahanth Triveni Das Madhyamik Sah Uchch Madhyami Vidyalaya, Rathore Nevaji Tola, Saran at Chhapra through its Principal Amiteshwar Singh, son of Late Janardan Singh, P.S. - Chhapra Mufassil, District - Saran at Chhapra, Bihar.

... ... Petitioner/s

Versus

1. State Of Bihar through Principal Secretary, Education Department, Government of Bihar, Patna.

2. Principal Secretary, Education Department, Government of Bihar, Patna.

3. Director, Education Department (Secondary Education), Government of Bihar, Patna.

4. Bihar School Examination Board through its Secretary, Patna, Bihar.

5. Chairman, Bihar School Examination Board, Patna.

6. Secretary, Bihar School Examination Board, Patna.

7. District Magistrate, Saran at Chhapra.

8. Additional Collector, Saran at Chhapra.

9. The District Education Officer, Saran at Chhapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yashraj Bardhan For the Respondent/s :

Mr. Ashutosh Ranjan Pandey -AAG15 For the BSEB ;

Mr. Lalit Kishore, Sr. Advocate Mr. Gyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-12-2018 Learned counsel appearing on behalf of the Bihar School Examination Board submits that this writ application is pre-mature inasmuch as the petitioner has been asked to submit his show cause, which the petitioner has done. The petitioner can question the decision of the Board taken after considering the petitioner's reply but there is no reason why this Court should interfere with the show cause notice issued by the Board. Learned counsel appearing on behalf of the Petitioner

Patna High Court CWJC No.22853 of 2018(2) dt.04-12-2018 2/2 has submitted that the Board is not considering the petitioning school as an affiliated institution despite setting aside of the order of cancellation of affiliation by this Court. In view of the facts and circumstances, I dispose of this writ application with the sole observation that the petitioner shall have the liberty to question the decision of the Board based on show cause notice issued to it. It is also indicated that if for any practical purpose the Board is not treating the school as not affiliated, despite the quashing by this Court of the earlier order of the Board cancelling the affiliation, the Court may initiate contempt proceedings against the persons responsible for the same. The petitioner shall be at liberty to file a contempt petition for the said purpose.

This application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/Ragini U