IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15761 of 2004 GULACH PRATHMIK SAH MADYA SANSKRIT VIDYALAYA, SIMARIYA, TRIBENIGANJ, SUPAUL THROUGH PRINCIPAL PRAMOD KUMAR S/O LATE BALDEO YADAV, RESIDENT OF VILLAGE – KUSHHA, P.S. TRIBENIGANJ, DISTRICT – SUPAUL ………………. PETITIONERS. Versus 1. THE STATE OF BIHAR, THROUGH CHIEF SECRETARY, BIHAR, PATNA. 2. DIRECTOR, DEPARTMENT OF EDUCATION, BIHAR, PATNA. 3. ADDITIONAL DIRECTOR, DEPARTMENT OF EDUCATION, BIHAR, PATNA. 4. PRESIDENT (ADHYASHA), BIHAR SANSKRIT SIKSHA BOARD, PTNA. 5. SECRETARY, BIHAR SANSKRIT SIKSHA BOARD, PATNA. 6. COMMISSIONER, KOSHI COMMISSIONARY, SAHARSA, BIHAR. 7. SECRETARY, DEPARTMENT OF EDUCATION, HUMAN RESOURCES, BIHAR, PATNA. 8. ADDITIONAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES, BIHAR, PATNA. 9. DISTRICT MAGISTRATE, SUPAUL. 10. DISTRICT EDUCATION OFFICER, SUPAUL. 11. ADDITIONAL EDUCATION OFFICER, SUPAUL. 12. BLOCK EDUCATION OFFICER, TRIBENIGANJ, SUPAUL. 13. SUBDIVISIONAL OFFICER, TRIBENIGANJ, SUPAUL. 14. BLOCK DEVELOPMENT OFFICER, TRIBENIGANJ, SUPAUL. ----------- For the petitioner : - Mr. Binay Kumar Sisngh, Advocate For the Board : - Mr. Ram Subhas Singh, Advocate For the State : - Mr. A. Amanullah, GA 4, Mr. T.U. Khan, AC to GA4 ------------- 07/ 08.03.2011 This writ application filed by Gulach Prathmik Sah Madya Sanskrit Vidyalaya, Simariya, through its Principal for directing the Respondents specially Bihar Sanskrit Siksha Board and its authorities is for considering its case for recognition and also for quashing of order contained in Annexure-2, whereby temporary recognition earlier granted to the petitioner’s School has been cancelled, without even issuing any show cause to the concerned School. Petitioner’s case is that similarly situated Schools, 2 the list of which has been has been given in para 13 of the writ application, have already been recognized and the petitioner’s School, which was running properly since 1979, its recognition has been cancelled without any specific reason. Counter affidavit has been filed on behalf of Bihar Sanskrit Siksha Board, wherein it has been stated that the temporary recognition earlier granted to some of the Sanskrit Schools up to Madhyama standard were cancelled, since without any prior approval of the Govt. the Board had granted temporary recognition to these Schools. The recognition of petitioner’s School was also cancelled vide order dated 26.12.1981. It has been stated that as per the direction of the High Court the Rule for recognition was framed by the State Govt. and published in the official gazette. Now the Schools can be recognized as provided in Bihar Non-Governmental Sanskrit Schools (Recognition and Condition) Rules, 1993. The Schools are to be recognized following the procedure laid down in this Rule. So far petitioner’s School is concerned, a request relating to inspection of petitioner’s School was made to the District Magistrate, Supaul. After spot inspection, the District Magistrate will have to submit a report, but till date report has not been received in the office of Bihar Sanskrit 3 Siksha Board. Only on receipt of the inspection report from the District Magistrate, Supaul, follow up action will be taken by the ‘Board’. So far ‘Board’ is concerned, it has completed all its formalities and eagerly waiting to conclude the process of the recognition of the petitioner’s School. Considering this fact, the District Magistrate, Supaul is directed to complete spot inspection relating to this School within four weeks from the date of production/communication of this order and send its report to the Bihar Sanskrit Siksha Board, immediately thereafter. All subsequent formalities, which is to be completed by the Bihar Sanskrit Siksha Board for the purposes of recognition as per 1993 Rules must be completed within six months from the date of receipt of the report sent by the District Magistrate, Supaul. With this observation, this application is disposed of. DKS/ (Mridula Mishra, J.)