IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5383 of 2010 1. ANIL KUMAR JHA S/O KAMESHWAR JHA R/O VILL.- FATEHPUR, P.S.- HAJIPUR SADAR, DISTT.- VAISHALI, THE SECRETARY PANDIT UJJWAL KUMAR MISHRA FOUNDATION, MARAI ROAD, P.S.- HAJIPUR SADAR, DISTT.- VAISHALI CUM SECRETARY OF PANDIT UJJWAL KUMAR MISHRA HIGH SCHOOL, DHANAUTI, MARAI, HAJIPUR (VAISHALI) Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, HUMAN RESOURCES DEPARTMENT, BIHAR AT PATNA 3. THE DIRECTOR, SECONDARY EDUCATION, BIHAR AT PATNA 4. THE DISTRICT EDUCATION OFFICER, VAISHALI AT HAJIPUR 5. THE BIHAR SCHOOL EXAMINATION BOARDS, PATNA, THROUGH ITS CHAIRMAN 6. CHAIRMAN, THE BIHAR SCHOOL EXAMINATION BOARD, PATNA FOR THE PETITIONER : - MR. MAHENDRA THAKUR, ADVOCATE ----------- 05/ 02.07.2010 Petitioner is the Secretary of a non-government organization namely, Pandit Ujjwal Kumar Mishra High School, Dhanauti Marai, Hajipur, registered under the Society Registration Act. The aim and object of this organization is to provide education to the students. In order to fulfil this object and with the help of local people a decision was taken to establish a High School for local boys and girls, since there was no school around 5 kms. radius. The School was named as Pandit Ujjwal Kumar Mishra High School and it was established on 05.01.2000. An application seeking permission for establishing the High School was submitted before the Director, Secondary Education, Bihar, Patna on - 2 - 1.5.2000. The Deputy Director, Secondary Education directed the District Education Officer, Vaishali to conduct an enquiry and submit report regarding the status of the school. A report was submitted by the D.E.O., Vaishali vide Memo No. 141 dated 9.3.2005, which indicated that except having its own land the school fulfills all requisite criteria for according permission to establish the school. Petitioner’s case is that the land has also been acquired through registered deed of lease dated 3.5.2006. Thereafter the Headmaster of the School was directed to take steps for registration and other formalities in order to get students appeared in the secondary examination. Petitioner’s further case is that ill 2009 the students were allowed to appear in the examination through Sahyogi High School, Hajipur. However, the application filed by the petitioner before the Director, Secondary Education, Bihar for giving affiliation remained pending, as such C.W.J.C. No. 2060 of 2008 filed by the petitioner was disposed of giving liberty to file a representation. The grievance of the petitioner is that the respondent- Director, Secondary Education, Bihar, Patna vide order dated 25.2.2010 - 3 - contained in Memo No. 115(legal) has rejected the application filed by the petitioner, as the State Govt. vide resolution no. 538 dated 19.5.2009 has taken a policy decision for not granting approval and affiliation to any unaided school. The policy of granting approval and affiliation to unaided school has been cancelled in the light of the government’s policy decision. The school of the petitioner, in this circumstance cannot be allowed affiliation and permission of its establishment. The fact is that the Government has already taken a policy decision in this regard and prior to it at no point of time even the provisional affiliation was accorded in favour of the school in question, as per own admission of the petitioner. The students used to get registration through another school, for appearing in secondary examination. In the counter affidavit, it has been stated that the State Govt. with a view to put an end to unaided education policy has resolved vide resolution no. 538 dated 19.5.2009 to delete/repeal Section 19 of Bihar Non-Government Secondary School (Taking Over Management and Control) Act, 1981 under which there was a provision for granting - 4 - permission for establishment and recognition as proprietary schools. Since Bihar State Proprietary Rules 1994 has been repealed and there is no provision for granting permission, as such it cannot be considered and allowed. So far allowing the students of the school in question in matriculation examination in between 2000-09 is concerned, it has been stated in the counter affidavit that the District Education Officer, Hajipur has illegally allowed the students to appear from other nationalized secondary school. I do not find any reason to allow the relief prayed by the petitioner in the light of the policy decision of the Government. This application is dismissed. DKS/ (Mridula Mishra, J.)