IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1106 of 2010 In CWJC No. 5383 of 2010 With I.A. No. 7457 of 2010. ================================================ Anil Kumar Jha, S/o Kameshwar Jha, R/o Vill.- Fatehabad, P.S.- Hajipur Sadar, Distt.- Vaishali, the Secretary, Pandit Ujjwal Kumar Mishra Foundation, Marai Road, P.S.- Hajipur Sadar, Distt.- Vaishali – Cum - Secretary of Pandit Ujjwal Kumar Mishra High School, Dhanauti, Marai, P.S. Hajipur Sadar, Hajipur, (Vaishali) ………………………………………..……. Petitioner / Appellant Versus 1. The State of Bihar 2. The Chief Secretary, Human Resources Department, Bihar at Patna 3. The Director, Secondary Education, Bihar at Patna 4. The District Education Officer, Vaishali at Hajipur 5. The Bihar School Examination Board, Patna through its Chairman 6. The Chairman, Bihar School Examination Board, Patna ………………………………………… Respondents / Respondents. ================================================ Appearance: For the appellant: Mr Mahendra Thakur, Advocate. ======================================================= CORAM: HONOURABLE THE CHIEF JUSTICE AND HONOURABLE MR JUSTICE JYOTI SARAN ORAL ORDER (Per : HONOURABLE THE CHIEF JUSTICE) 2. 27.08.2010. This Appeal under Clause 10 of the Letters Patent arises from the judgment and order dated 02.07.2010 passed by the learned single Judge in above CWJC No. 5383 of 2010. The appellant-writ petitioner is the Secretary of 2 Pandit Ujjwal Kumar Mishra Foundation. The said Foundation runs and manages a High School in the name of Pandit Ujjwal Kumar Mishra High School at Dhanauti Marai, Hajipur, District Vaishali. The school was established in the year 2000 but could not be accorded recognition as it did not satisfy all the parameters. While the application of the school was pending consideration, on 19.05.2009 the State Government took a policy decision of not granting affiliation / recognition to any non-government unaided school. On account of the said policy, the application of the appellant for recognition / affiliation has been rejected. The challenge before the learned single Judge has failed, therefore, the present Appeal. Learned Advocate Mr Mahendra Thakur has appeared for the appellant. He has submitted that the school was established in the year 2000. It answered all the parameters except the question of land. That question was also resolved in the year 2008. The appellant, therefore, applied for according recognition in the year 2008. That was not granted and it was refused on account of the fact that in 2009 the Government had taken a policy decision not to grant affiliation to such schools. Mr Thakur has submitted that the policy decision dated 19.05.2009 could not have been applied to the appellant’s school which was established long before that date and it answered all the parameters in the year 2008. The policy decision could be applied prospectively and not retrospectively. 3 We are not impressed by the argument of Mr Thakur. The policy decision is indeed prospective. In view of the policy decision, since 19.05.2009 no affiliation / recognition can be accorded to any non-government unaided school. The learned single Judge has rightly rejected the Writ Petition. No case for interference is made out. The Appeal is dismissed in limine. Interlocutory Application (I.A. No. 7457/2010) stands disposed of. Dilip ( R. M. Doshit, CJ) ( Jyoti Saran, J)