IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.924 of 2011 IN Civil Writ Jurisdiction Case No. 6216/2010 ====================================================== Shahsi Bhushan Mishra, aged about 78 years, son of late Mathura Nath Mishra, resident of Shalimpur Ahra Lane No.2, Police Station- Gandhi Maidan, District- Patna, Secretary of Jain Middle School, Goriyatoli and Bal Jagriti School, Ashok Nagar, Patna .... .... Appellant/s Versus 1. The State Of Bihar , through the Chief Secretary, Bihar, Patna. 2. The Principal Secretary-cum- Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director Primary Education, Bihar, Patna. 4. The Deputy Government Commissioner, Department of Education, Patna Sadar, Patna. 5. The District Superintendent of Education, (DSE), Patna. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ajoy Kumar Chakraborty For the Respondent/s : Ms. Ratna Das, Advocate, A.C. to AAG 8 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 20-06-2011 This Appeal under Clause 10 of the Letters Patent is preferred against the order dated 21.04.2011 made by the learned Single Judge in above C.W.J.C. No. 6216 of 2010. The appellant- writ petitioner, Secretary of the Jain Middle School, Goriyatoli, Patna and Bal Jagriti School, Ashok Nagar, Patna, filed the above writ petition under Article 226 of the Constitution of India for a direction to the State Government to issue School Code Number to above referred Jain Middle Patna High Court LPA No.924 of 2011 (2) dt. 20-06-2011 2 2 School and Bal Jagriti School. The appellant also challenged the Government orders dated 19th March, 2010 and 9th January, 2010 (Annexures- 17 and 18 to the writ petition). According to the appellant, both the aforesaid schools are running since the year 1968/1969; are recognized and are aided by the State Government. Unless the said schools are granted School Code Number, the said schools cannot issue transfer certificate to its students to seek admission in other schools for higher education. The impugned order dated 19th March, 2010 categorically states that the aforesaid schools are neither recognized nor are they aided by the State Government. Except the bare statements made in the writ petition, the appellant did not produce any material in support of the claim that the aforesaid schools are recognized, grant-in- aid schools. The learned Single Judge, in absence of any substantive material to support the claim of the appellant, dismissed the writ petition. Therefore, the present Appeal. We have heard Mr. Ajay Kumar Chakroborty, learned Advocate for the appellant and Ms. Ratna Das, A.C. to AAG 8, extensively. We do agree with the finding of the learned Single Judge that the aforesaid schools are neither recognized nor are Patna High Court LPA No.924 of 2011 (2) dt. 20-06-2011 3 3 they grant-in- aid schools. The learned Single Judge has rightly dismissed the writ petition. No case for interference is made out. The Appeal is dismissed in limine. BTiwary/ (R.M.Doshit, CJ) (Birendra Prasad Verma, J)