Tara Mehta Sant Kabir Sanskrit … vs The State Of Bihar & Ors. on 16 November, 2011

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Patna High Court – Orders
Tara Mehta Sant Kabir Sanskrit … vs The State Of Bihar & Ors. on 16 November, 2011
                     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
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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 .)
 

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