IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.1106 of 2010
In
CWJC No. 5383 of 2010
With
I.A. No. 7457 of 2010.
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Anil Kumar Jha, S/o Kameshwar Jha, R/o Vill.- Fatehabad, 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, P.S. Hajipur Sadar, Hajipur, (Vaishali)
...................................................... Petitioner / Appellant
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 Board, Patna through its Chairman
6. The Chairman, Bihar School Examination Board, Patna
................................................ Respondents / Respondents.
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Appearance:
For the appellant: Mr Mahendra Thakur, Advocate.
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CORAM: HONOURABLE THE CHIEF JUSTICE
AND
HONOURABLE MR JUSTICE JYOTI SARAN
ORAL ORDER
(Per : HONOURABLE THE CHIEF JUSTICE)
2. 27.08.2010. This Appeal under Clause 10 of the Letters
Patent arises from the judgment and order dated
02.07.2010 passed by the learned single Judge in above
CWJC No. 5383 of 2010.
The appellant-writ petitioner is the Secretary of
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Pandit Ujjwal Kumar Mishra Foundation. The said
Foundation runs and manages a High School in the name
of Pandit Ujjwal Kumar Mishra High School at Dhanauti
Marai, Hajipur, District Vaishali.
The school was established in the year 2000 but
could not be accorded recognition as it did not satisfy all
the parameters. While the application of the school was
pending consideration, on 19.05.2009 the State
Government took a policy decision of not granting
affiliation / recognition to any non-government unaided
school. On account of the said policy, the application of
the appellant for recognition / affiliation has been rejected.
The challenge before the learned single Judge has failed,
therefore, the present Appeal.
Learned Advocate Mr Mahendra Thakur has
appeared for the appellant. He has submitted that the
school was established in the year 2000. It answered all
the parameters except the question of land. That question
was also resolved in the year 2008. The appellant,
therefore, applied for according recognition in the year
2008. That was not granted and it was refused on account
of the fact that in 2009 the Government had taken a policy
decision not to grant affiliation to such schools.
Mr Thakur has submitted that the policy
decision dated 19.05.2009 could not have been applied to
the appellant’s school which was established long before
that date and it answered all the parameters in the year
2008. The policy decision could be applied prospectively
and not retrospectively.
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We are not impressed by the argument of Mr
Thakur. The policy decision is indeed prospective. In
view of the policy decision, since 19.05.2009 no affiliation
/ recognition can be accorded to any non-government
unaided school. The learned single Judge has rightly
rejected the Writ Petition. No case for interference is made
out.
The Appeal is dismissed in limine.
Interlocutory Application (I.A. No. 7457/2010)
stands disposed of.
( R. M. Doshit, CJ)
( Jyoti Saran, J)
Dilip