IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2544 of 2010 1. ANIL KUMAR SINGH S/O LATE JAGNATH SINGH R/O VILL JHAKHRA,P.O.JHAKHRA,P.S.AMNOUR,DISTT-SARAN AT CHAPRA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR (SECONDARY EDUCATION) GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 4. THE JOINT DIRECTOR (SECONDARY EDUCATION) BUDH MARG, PATNA 5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION SARAN AT CHAPRA, DISTT-CHAPRA 6. THE DISTRICT EDUCATION OFFICER, SARAN AT CHAPRA, DISTT-CHAPRA ----------- 02. 23.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. The claim in the writ petition is for grant of permanent recognition to the Bhawani High School, Jhakhra, which is stated to have been established in the year 1979. From the pleadings in the writ petition, it is apparent that the issue of recognition is claimed to be engaging the attention of the respondents for years has till date not been finalized. Issues of recognition involve examination of facts with regard to the fulfillment of the conditions for recognition. Therefore, the authorities are obliged in law to examine the existence or non-existence of factual state of affairs with regard to the fulfillment or non- fulfillment of the condition for recognition as on date the matter of recognition is being considered. 2 This application is therefore disposed off with the observation that if the petitioner institution has applied for recognition in the manner prescribed including deposit of any fee for the purpose, let the statutory authorities take a final decision upon the same within a maximum period of six months from the date of receipt/production of a copy of this order before them. If the petitioner had applied for recognition earlier and paid any fees, but the issue of recognition remained inconclusive for no fault of the petitioner, it may request a waiver of the fee in that circumstance. The respondents shall not be precluded from taking into consideration any recent inspection held within the last six months, but shall also be obliged to carry out a fresh inspection and only thereafter pass fresh appropriate order granting or refusing recognition in accordance with law. The application stands disposed. P.K. (Navin Sinha, J.)