IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.88 of 2011 Tara Mehta Sant Kabir Sanskrit High School, through its Secretary, namely, Urmila Mehta, wife of Dr. Arbind Mehta, village Mali Ghat, PS Mithanpura, Dist. Muzaffarpur – Petitioner. Vs. 1) The State of Bihar, 2) Sri Anjani Kumar Singh, Principal Secretary, Human Resources Department, Bihar, Patna. 3) Sri Anjani Singh, Commissioner cum Secretary, Human Resources Department, Bihar, Patna. 4) Sri Dashrath Ram, Special Director, secondary Education, Human Resources department, Bihar, Patna. 5) Bihar Sanskrit Siksha Board through its Secretary Sri Om Prakash Shukla. 6) Sri Sidheshwar Prasad, Chairman, Bihar Sanskrit Siksha Board,Boring Canal Road, Patna. 7) Sri Om Prakash Shukla, Secretary, Bihar Sanskrit Siksha Board, Boring Canal Road, Patna – Opp. Parties. 16 23.11.2011 Heard learned counsel fro the parties. This contempt application arises from an order, dated 18.5.2010 passed by this court directing the Board to consider whether the school in question fulfils the requirements laid down by the State Government for recognition of the school. The court further directed the Special Director Incharge, Sanskrit Education to send a report to the Principal Secretary to dispose of the matter within three months. Today a show cause has been filed on behalf of the Principal Secretary of the Department who is present in court to explain as to why he has rejected the case of the petitioner for recognition when it was recommended by the Special Director (who is also present in court) and when the cabinet had already approved the recognition of the school. The show cause filed on behalf of the Principal 2 Secretary indicates that the school does not fulfil the requirement of 1 acre of land as it comes within the rural area and as such according to the Principal Secretary, the school does not fulfil the condition as laid down by the State Government. Counsel for the petitioner submits that he may be permitted to challenge the findings of the Principal Secretary in an appropriate forum. It would always be open to the petitioner to take steps in accordance with law if he is dissatisfied with the reasons stated by the Principal Secretary. It is further submitted on behalf of the petitioner that if in the interregnum period the school fulfils the conditions of acquiring the required land, as it is otherwise fully equipped school having 90 students and proper infrastructure to run the school, the concerned authorities in the Human Resources Department ought to consider the case for the purpose of grant of recognition to the school. It goes without saying that if the school fulfils the conditions, they could always make an application before the State Government for consideration of recognition in accordance with law. As far as this contempt application is concerned, it is disposed of with the aforesaid observations and the presence of the Principal Secretary and the Special Director are dispensed with. haque ( Sheema Ali Khan, J .)