Ram Janaki Mahanth Triveni Das ... vs The State Of Bihar
2023 Latest Caselaw 796 Patna

Citation : 2023 Latest Caselaw 796 Patna
Judgement Date : 16 February, 2023

Patna High Court

Ram Janaki Mahanth Triveni Das ... vs The State Of Bihar on 16 February, 2023

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.7275 of 2019
     ======================================================

Ram Janaki Mahanth Triveni Das Madhyamik Sah Uchch Madhyamik Vidyalaya Rathore Nevaji Tola, Saran at Chhapra through its Principal Amiteshwar Singh, aged about 53 years, (M) Son of Late Janardan Singh, P.S.- Chhapra Mufassil, District- Saran at Chhapra, Bihar.

... ... Petitioner/s Versus

1. The 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, Adv. For the State : Mr. Jai Prabhat Kishore, A.C. to S.C.-13 For the B.S.E.B. : Mr. Satyabir Bharti, Adv.

Mr. Abhishek Anand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

ORAL JUDGMENT

Date : 16-02-2023

1. Heard the parties.

2. The issue raised in the present writ petition is no more

res-integra in view of the judgment passed by the Division Bench in

bunch of L.P.As. decided on 04.04.2022 and reported in 2022 (3)

BLJ 135 (Bihar School Examination Board & Ors. Vs. Rambalak

Prasad Singh & Ors.).

3. The Division Bench reached to conclusion that it is the

Board, which has the powers to examine the issue regarding granting

of affiliation and the Chairman in his indivisional capacity would not Patna High Court CWJC No.7275 of 2019 dt.16-02-2023

be empowered to issue directions for affiliation or de-affiliation. The

Single Judge held otherwise which was set aside by the Division

Bench.

4. In the present case, the Board has conducted an

inspection and thereafter issued show cause and after considering the

reply of the petitioner has taken a decision on 27.11.2018. The order

passed by the Secretary, Board in terms of the decision of the Board,

therefore, does not warrant any interference. However, it would be

apposite to quote following observations of the Division Bench

(supra):-

"48. However after having said that, we are of

the view that if the impugned decision of the Board,

disaffiliating the institutions was taken also on the ground

of lack of infrastructure and the schools were not given

time to upgrade, it would be in the interest and betterment

of academics in the State of Bihar and for the benefit of

larger good that the respondents/institutions be given the

liberty to make a fresh application for revival of their

affiliation/grant of fresh affiliation which is permitted under

Clause 8 of Regulation 15 which shall be considered on its

merits by the Affiliation Committee.

49. For all practical purposes, any decision

with respect to revival of the affiliation would include the

conditions which are necessary for grant of affiliation in the

first instance.

Patna High Court CWJC No.7275 of 2019 dt.16-02-2023

50. We, therefore, direct that the Board while

taking a decision on such application so filed by the

respective schools will not take the plea that frequent

violation of the bye-laws has led to any permanent

disaffiliation of the schools.

51. Needless to state that the Board shall look

into all aspects of the matter and shall take a decision for

granting fresh affiliation or revival of the affiliation, if the

institutions in question have the requisite standing in terms

of infrastructure and other conditions specified in the Act

and the Regulation for grant of such affiliation.