IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3842 of 1998 NARESHA NAND THAKUR, Head Master Sanjaya Gandhi Prathmik Sah Madhya Sanskrit Vidyalaya at Jhakhara P.O. Kararachak, P S. Sambhuganj, District- Banka… Petitioner. Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum- Secretary Human Resources Development Department New Secretariat, Patna. 3. The Additional Secretary, Secondary, Education Department, New Secretariat, Patna. 4. The Special Director (Sanskrit) Secondary Education New Secretariat, Patna. 5. The Bihar Sanskrit Shiksha Board through its Secretary, Boring Canal Road, Patna. 6. The Collector, Banka. ….. respondents. ----------- 4. 13.07.2010 Heard Mr. Purushottam Kumar Jha, learned counsel for the petitioner, Mr. Vijay Kumar Pandey, learned counsel for the Bihar State Sanskrit Shiksha Board as also learned counsel for the State. The prayer of the petitioner in this writ petition reads as follows:- “(i) For issuance of a writ in the nature of a writ of certiorari for quashing the order bearing letter No. 994 dated 8.12.95/11.12.95 issued by respondent no. 3, the additional Secretary, Govt. of Bihar Department of Secondary, Primary and Adult Education, Bihar Patna (Annexure-3) whereby the petitioners School has been separated from the list of 223 Non-Govt. Recognized and aided Sanskrit Schools so far the grant of salary to the teachers of the school is concerned and further directing the Board to proceed for 2 cancellation of Recognition of the School. (ii) For issuance of a writ in the nature of a writ of mandamus directing and commanding the respondents to restore/ continue the recognisition of the school namely Sanjaya Gandhi Prathmik Sah Madhya Sanskrit Vidyalaya, Jhakhara ( Bararachak) Banka grated by the Govt. vide Memo No. 13/B 453 Edn. Deppt dt. 23.3.85 along with 205 other Sanskrit schools inlisted at Serial No. 85. (iii) For a direction to the respondents to make payment of all the due salary to the teachers of the petitioners school who are duly appointed and approved teachers working against sanctioned posts and have been paid their salary from 1987 to 1990.” Mr. Jha with reference to the aforementioned relief would submit that once the recognition of the school was given by a specific order of the State Government dated 23.3.1985, wherein the name of the school of the petitioner had figured at Serial No. 85, any order cancelling such recognition ought to have been not passed without giving a show-cause notice to the school of the petitioner. In this context, he has also submitted that only reason recorded in the impugned order dated 11th December 1995 for derecognizing the school being non-fulfilment of the condition of building as required in 3 the Government Resolution dated 18.10.1976 suffers from the error of record. He would in that context point out that there is a provision in 1976 resolution that even a school having a non-concreted roof building can also be held to be eligible for being recognized as a Sanskrit School. In the case in hand from the counter affidavit as also impugned order it would appear that the cancellation of the recommendation of the school of the petitioner is on account of non-fulfilment of the conditions of the building. In view of the fact that the petitioner’s school was recognized as Primary-cum-Middle Sanskrit School, as per the Government Resolution dated 18.10.1976 there was requirement of having not only land in the name of the school but also building having six rooms. The finding of the authorities however is that there were only three rooms in the building of the school and that too having a roof of Phoos. In such a situation, this Court must hold that the school of the petitioner did not fulfil the requisite condition as such the order cancelling the 4 recommendation of the school does not suffer from any error. In the event the petitioner would now demonstrate that his school in question has subsequently fulfilled the conditions for recognition by having a fulfledged building as per the requirement laid down in 1993 Rules which has also superseded the Resolution dated 18.10.1976, the case of the petitioner’s school for its restoration of recognition will be considered in accordance with law. With the aforementioned observation, this writ petition is disposed of. kanchan/ (Mihir Kumar Jha, J.)