IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19545 of 2010 Kasturba Gandhi Girls High School Through Its Secretary Bhrigunath Tiwary, aged about 45 years, S/O Baleshwar Tiwary, R/O Vill-Bikhabandh, P.S.Daraundha, Distt-Siwan. ..Petitioner Versus 1. The State Of Bihar through its Secretary, Human Resources Development Department Bihar, Patna 2. The Commissioner-Cum-Secretary, Primary, Secondary And Adult Education Bihar, Patna, Vikash Bhawan, Patna 3. The Director , Bihar State Secondary Education Vikash Bhawan, Patna 4. The Deputy Director, Bihar Secondary School Budhmarg, Patna 5. The Bihar Secondary School Examination Board Through Its Chairman Patna 6. The District Education Officer, Siwan ..Respondents For the petitioner : M/s. R.K. Pathak and Satish Kumar, Advocates. For the State: Mrs. Nitu Agrawal, G.A.6 and Mr. Zahi Haider, A.C to G.A.-6. For B.S.E.B. : Mr. Girijesh Kumar, Advocate. ---------------------------------- 4 01.12.2011 Heard learned counsel for the petitioner, the State, and learned counsel for the Bihar School Examination Board. The issue involved is the grant of affiliation to the Kasturba Gandhi Girls High School, a Secondary School. It has been declined by the State Government by the impugned order dated 07.10.2010. The Court need not go into that order in view of the fresh developments that have been placed before the Court. It has been brought to the attention of the Court by the respondents that from 08.07.2011 the question of grant of affiliation to Secondary Schools is now vested exclusively in the Bihar School Examination Board to be exercised in accordance with law. Needless to state that the grant of affiliation and any claim for grant of aid are entirely separate 2 matters and cannot be intermingled at the initial stage. Only after the former stands complied the right to be considered under the latter may arise. The former may be covered by statutory requirements, the latter may involve larger issue of administration finance and statutory provisions. The two can co-exist simultaneously by grant of affiliation and denial of aid. The Supreme court in 2008 (3) SCC 315 (Super Star Education Society Vrs. State of Maharashtra and Others) has observed at paragraphs 8 and 11 as follows: “ 8. The objects of regulating permissions for new private schools are : (i) to ensure that they have the requisite infrastructure, (ii) to avoid unhealthy competition among educational institutions; (iii) to subject the private institutions seeking entry in the filed of education to such restrictions and regulatory requirements, so as to maintain standards of education; (iv) to promote and safeguard the interests of students, teachers and education; and (v) to provide access to basic education to all sections of society, in particular the poorer and weaker sections; and (vi) to avoid concentration of schools only in certain areas and to ensure that they are evenly spread so as to cater to the requirements of different areas 3 and regions and to all sections of society. 11. It is the duty of the State Government to provide access to education. Unless new schools in the private sector are permitted it will not be possible for the State to discharge its constitutional obligation. Permission has been granted to 1495 new schools under the Order dated 16.5.2006 on permanent no-grant basis without any financial commitment or liability on the part of the State Government, even in future, and at the same time ensuring that the schools follow the parameters and conditions prescribed by the Education Code, reserving liberty to the authorities to take appropriate action, should there be any violation. The said Order does not contravene any provision of law. It was not even the case of the writ petitioner that the schools permitted did not fulfil the conditions and requirements relating to such schools.” In view of the changed requirements, let the petitioner submit its application to be considered for affiliation to the Bihar School Examination Board. The Board is expected to act in accordance with law keeping in mind the observation of the Supreme Court in the case of Super Star Education Society (supra) and decide the matter for affiliation 4 within a maximum period of six months from the date of receipt and a presentation of a copy of this order. The application stands disposed. Md. Ibrarul ( Navin Sinha, J.)