IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9629 OF 1998 SATYA NARAIN YADAV, S/O SHRI PITAMBER YADAV, R/O VILLAGE AND P.O. TENGRAHA VIA MADHEPUR, P.S. BHEJA, DISTRICT MADHUBANI AT PRESENT HEAD MASTER OF PITAMBER SANSKRIT PRATHMIK SAH-MADHYA VIDYALAYA, TENGRAHA, MADHUBANI. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER CUM SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT,PATNA. 3.THE ADDITIONAL SECRETARY, SECONDARY EDUCATION, EDUCATION DEPARTMENT, NEW SECRETARIAT, BIHAR, PATNA. 4.THE SPECIAL DIRECTOR (SANSKRIT), SECONDARY EDUCATION, NEW SECRETARIAT, PATNA. 5.THE BIHAR SANSKRIT SHIKSHA BOARD, THROUGH ITS SECRETARY, BORING CANAL ROAD, PATNA. ………………………RESPONDENTS. ----------- 03/ 02.09.2011 Heard counsel for the parties. Having regard to the fact that the impugned order dated 17.09.1994 has been passed by way of de-recognizing the School namely Pitamber Prathmik Sah- Madhya Sanskrit School, Tengraha, Madhubani hereinafter referred to as the school without complying the principles of natural justice, this Court would find that the order in question so far it relates to the petitioner’s School to be unsustainable in fact or in law. Mr. Purushottam Jha, learned counsel for the petitioner rightly relies on the 2 Government letter no. 453 dated 23rd March, 1985, whereby and whereunder in the list of 205 similar Schools the petitioner School at serial no. 143 was also recognized as Prathmik Sah-Madhya Sanskrit Vidyalaya and therefore, there was no reason for coming to a different conclusion as has been arrived at in the impugned order for de-recognizing the School in question. In any event the authorities of the School were required to be issued notice and given opportunity of hearing against the proposed action of derecognition of the school and that having been not done in the case of the petitioner, the impugned order must be held to be bad and unsustainable only on the ground of violation of principles of natural justice. That apart there would be yet another facet to the whole aspect which would vitiate the impugned order inasmuch as, the school in question a Prathmik Sah-Madhya Sanskrit Vidyalaya, for which the conditions of recognition laid down as prescribed in the Government 3 resolution dated 18.10.1976 were to be followed. It has to be noted that the subsequent statutory Rules came into force in the year 1994 laying down different norms and standards for recognition of Sanskrit Schools but those could not have been made applicable in the case of petitioner’s school which as noted above was in existence prior to 1985 and in fact was also given recognition dated 23.03.1985 in the list of 205 Schools. The norms laid down in the government resolution dated 18.10.1976 if taken into account, the only ground for derecognition of school in the impugned order that it did not have six katha land registered in its name cannot be approved, inasmuch as, the petitioner has annexed a copy of the registered deed of gift of land dated 21.01.1981 for the school in the name of the Governor of Bihar. This Court, however, must immediately clarify that it has not gone into the correctness of the alleged deed of gift dated 21.01.1981 but then as the 4 petitioner was never given the opportunity to satisfy as with regard to the fulfilment of the requirement of the land for the School in question, the impugned order holding that the recognition of petitioner’s school cannot be continued on the ground of lack of information regarding non-fulfilment on condition of land in the name of the school would itself become a nonest and non existent ground. Thus when the Government decision in the impugned order has been taken without notice and/or opportunity of hearing to the authorities of the school this Court would set aside the impugned order by remitting the matter back to the Respondent and directing the petitioner to produce the certified copy of the deed of gift as contained in Annexure-1 along with consequential order of mutation made in the name of the School and after its perusal if the respondents are satisfied that the School fulfils the requisite qualification of land as prescribed in the Government resolution dated 5 18.10.1976, it would pass the consequential order restoring all the benefits which was given to the other Schools in the group of 205 Schools and which was in fact also extended to the School of the petitioner prior to passing of the impugned order. That being so, this writ application is allowed and relevant portion relating to the school of the petitioner as contained in Annexure-5 is hereby quashed and the matter is remitted back to the Principal Secretary of the Human Resources Development Department to take appropriate fresh decision as with regard to continuation of recognition of the school strictly in accordance with law. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)