IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.88 of 2011 Tara Mehta Sant Kabir Sanskrit High School Versus The State Of Bihar & Ors. 15 16.11.2011
The Principal Secretary, Human Resources
Department, Bihar has rejected the application made for
recognition of Tara Mehta Sant Kabir Sanskrit High school,
Mali Ghat, on the ground that the school does not have
sufficient land. The criteria fixed by the State Government
apparently is 45 decimals of land. On an earlier occasion
inspection was made by the Board and the Special Director and
it was found that the school aforesaid fulfilled all the criteria
laid down by the State Government. On the basis of the
inspection, eighteen schools were found defect free, the present
school one of them. 243 schools were recommended for
recognition subject to certain conditions. The matter of
approving the school in question was placed before the State
cabinet vide memo no. 788, dated 31.8.2010 by the Principal
Secretary of the Department. The cabinet thereafter vide its
resolution, dated 31.8.2010 passed an order for granting
recognition to the school and on 31.10.2010 also approved the
release of funds for making payment to teaching and non-
teaching staff of the school.
Under these circumstances it is indeed surprising
that the Principal Secretary of the Department should reject the
case of the petitioner for recognition although the school was
approved by the Bihar Sanskrit Shiksha Board, the Special
Director of the Department and duly approved by the cabinet.
Let the Principal Secretary, Human Resources
Department, Bihar and the Special Director, Secondary
Education, Human Resources Department, Bihar be personally
present in court on 23.11.2011 at 10.30 AM.
List this case on 23.11.2011 at the top of the list.
It is expected that the aforesaid two offices will have
plausible and reasonable explanation for passing the order.
haque ( Sheema Ali Khan, J .)