IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17693 of 2009 1. MADAN SINGH S/O LATE RAMGATI SINGH, SECRTARY, RAMBRIKSHA RAMBADAN HIGH SCHOOL, KHORI POKAR, BARAHIYA BLOCK, SIWAN, R/O VILL- KHORI POKAR, P.S- JAMO BAJAR, DISTT- SIWAN Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPRTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION, HUMAN RESOURCS DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 4. DEPUTY DIRECTOR OF EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPRTMENT, GOVT. OF BIHAR, PATNA 5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN DIVISION CHAPRA 6. THE DISTRICT MAGISTRATE, SIWAN 7. THE DISTRICT EDUCATION OFFICER, SIWAN ----------- 02 26/02/2010 Heard learned counsel for the petitioner and learned counsel for the State. The relief prayed for is to issue and accept the O.M.R. Form for the ensuing matriculation examination from the students of the Rambriksha Rambadan High School, Khori Pakar, Siwan. The contention is that the school has permanent recognition vide order dated 9.11.1987 and the students of the school have been appearing at such examination since 2008. Counsel for the State points out from the report of the District Education Officer dated 15.9.2009 at Annexure-8 that on physical inspection done by him on 4.5.2009 the Institution was found closed and it was apparent from the condition of the 2 school that no education was being imparted there. Two rooms were locked. In those rooms, which did not have any door, villagers were using the same for storing fodder. The whole institution appears to be a grazing ground etc. Learned counsel for the petitioner submits that on 16.10.2009 the Deputy Director of Education has sought a fresh report from the Regional Deputy Director of Education, Saran at Chapra. The matter appears to involving disputed questions of fact and, therefore, this Court directs that any report submitted in pursuance of the request dated 16.10.2009 shall adequately be required to deal with and discuss the earlier report dated 15.9.2009 and must contain proper discussion with regard to the queries made from the District Education Officer, Siwan who submitted the report dated 15.9.2009 with regard to the recitals in his report should the Regional Deputy Director of Education propose to differ with the District Education Officer. In that event, Deputy Director of Education is then directed to summon both the District Education Officer, Siwan and the Regional Deputy Director of Education, Saran to his office and after hearing them also pass a 3 reasoned and speaking order on the issue to facilitate judicial review should the need arise. The defence of the petitioner that because of the illegal closure of the school building he had to run the building school at another place etc. are matters to be enquired into by the authorities on facts. This Court is not persuaded at this stage to give any directions for acceptance of the registration forms of any alleged students of the petitioner institution. The application is disposed with directions to the Deputy Director of Education in the manner aforesaid to pass such final order within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. P.K. ( Navin Sinha, J.)