IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18470 of 2010 HARI KISHORE THAKUR, S/O LATE RAMPHAL THAKUR, R/O VILLAGE-RATNAULI TURKY, DISTRICT- MUZAFFARPUR. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT (EDUCATION DEPARTMENT) GOVERNMENT OF BIHAR. 2. THE BIHAR SANSKRIT SHIKSHA BOARD THROUGH ITS CHAIRMAN, PATNA. 3. THE SECRETARY OF THE BIHAR SANSKRIT SHIKSHA BOARD, PATNA. 4. THE DISTRICT MAGISTRATE, MUZAFFARPUR. 5. THE AREA EDUCATION OFFICER, SAKRA, MUZAFFARPUR. 6. THE DISTRICT EDUCATION OFFICER, MUZAFFARPUR. ………………RESPONDENTS. ----------- 2 22.12.2010 Learned counsel for the petitioner has pointed out that the similar matter has travelled to the Division Bench in LPA No.797 of 2009. The Division Bench noticed that the cases of large number of private institutions were pending with the Bihar Sanskrit Shiksha Board for recognition. It also noticed that the matters are pending at different level and in many cases the report has not been submitted by the district officials so that their cases could be considered by the Board. Therefore, by order dated 15.2.2010, as contained in Annexure-6, the LPA was disposed of with a direction to the respondents that in the cases in which the report has not been submitted the same should be submitted expeditiously and the Board should take a decision in respect of grant of recognition 2 to them within the time schedule fixed by the writ court and before holding the next Madhyama Examination. Learned counsel for the petitioner points out that in respect of the present Institution report was submitted by the D.E.O., Muzaffarpur, vide Annexures- 5 and 7. Thereafter, on behalf of the Institution representations were also filed before the Board, copies whereof are Annexure-8 and 8/1. He points out that the representations were filed as far back as on 14.9.2009 and 2.8.2010, but no action has been taken by the Board as yet. Therefore, he prays that the Board be directed to consider the representation filed on behalf of the Institution and to take a final decision in accordance with law within the time frame fix. The submission of learned counsel for the petitioner is not unreasonable. In view of the order of the Division Bench, the Board is required to take a final decision in respect of the recognition of the respective Institution, if all formalities of inspection is done and it is found that all required infrastructure are available in the Institution. The reports of the D.E.O., as contained in Annexure-5 as well as Annexure-7, do support the case of the petitioner that the Institution in question is fit to be granted recognition. In such a situation, the Board is only required to take up the matter in respect 3 of grant of recognition to the Institution and take a final decision in accordance with law in the matter of its recognition. In the circumstances, the writ application is disposed of with a direction to the respondent Bihar Sanskrit Shiksha Board to take a final decision in respect of grant of recognition, or otherwise, to the Institution in question in accordance with law positively within a period of three months from the date of receipt/production of a copy of this order or before commencement of next Madhyama Examination, whichever is earlier. The final order of the Board must be communicated to the functionaries of the Institution within time. Arvind/ ( J. N. Singh, J.)