IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2161 of 2000 PROJECT BALIKA UCHCHA VIDYALAY Versus THE STATE OF BIHAR & ORS ----------- 4/ 11/8/2008. Heard learned counsel for the petitioner and learned counsel for the State. This writ application was filed in March, 2000. It has remained pending till the better part of 2008. On 17.1.2008, this Court had noticed the facts of the case in detail and the questions involved. Counsel for the State had then prayed for time to seek instructions and file an appropriate counter affidavit in the background of the discussions contained in the order. Today, learned counsel for the State again prays for an adjournment. This Court is not persuaded to grant any further adjournment. As noticed in the order dated 17.1.2008, the present institution was identified as one of the Project Schools for take over. Then followed a series of inspections which did a flip flop with regard to the institution and grant of such status as a Project School. Ultimately on 8.2.1999 a fresh inspection - 2 - report has followed in favour of the petitioner institution. In the meantime due to the delay in finalization of such proposal for the present institution, the status to be conferred on it was transferred to another school in another District. In pursuance of public interest litigation, the respondent State, in the background of the earlier decision for the present institution to be taken over as a Project School, constructed a school building with facilities and the school commenced functioning as a “Prastavit Rajakiya Kanya Uchcha Vidyalaya, Thathopur”. It continues to be operated with a new set of Government teachers. Learned counsel for the Institution submits that this proposed status continues as of date. That fresh admissions were being taken and that students of the institution for purposes of Matriculation were appearing through other recognized schools. At issue is not simply the question of the present institution as a Project School. Simultaneously at issue is the fate of all those students who - 3 - have taken admission in the present institution ever since 8.2.1999 and when the status of a “Prastavit Rajakiya Kanya Uchcha Vidyalaya, Thathopur” has been granted. As a consequence the students of the institution were being denied full benefits under Government schemes as a Project School. What would be their future? Will they be called students of an unrecognized school? Who will look as to whether they were imparted quality education or not? All these are administrative issues which should be engaging the minds of the administrator and not an issue under Article- 226 of the Constitution of India, when no question of law are involved. Another issue would be the fate of teachers teaching in the said school. The writ application is, therefore, disposed with directions to the Secretary, Department of Human Resources Development, Government of Bihar to take a final decision with regard to the status of the petitioner institution as a project school and the status of teaching there within a maximum period of four months from the date of receipt/production - 4 - of a copy of this order. He shall also be obliged to take into consideration appropriately the discussion contained in the order dated 17.1.2008. It is a matter of deep concern the manner in which the State authorities are leading the students up the garden path representing that the institution was a proposed government school since 1999. Shall it amount to a fraud being played by the State? The issue is very very serious but beyond the scope of the present controversy. The Court therefore refrains on that aspect. The writ application stands disposed. KC ( Navin Sinha,J )