Order The petitioner, Secretary of one M.M. Institute of Physical Education, Sasaram, has challenged the order dated 2nd May, 1996 issued by Secretary, Arts, Culture & Youth Department, Govt. of Bihar. By the impugned order, the Respondents have rejected the claim of the petitioner to recognise the Institute, in question. 2. According to the petitioner, the impugned order has been passed by the Respondents without hearing the petitioner or any member of the Managing Committee of the Institute, which is against the law laid down by a Full Bench of this court in Rahmania Primary Teachers Training College's case, reported in 1991 (1) PLJR 595 . He further relied on certain statements made in Paras 14, 15 and 16 of the writ petition, which have not been denied by the Respondents in their counter affidavit. 3. The counsel for the State relied on their counter affidavit add Annexure-1 attached thereto. According to the respondents, the Institute, in question, was inspected by a Team on 9th April, 1996 and the petitioner and the members of the Managing Committee were given opportunity to submit documents in favour of the Institute, which were submitted on 17th April, 1996. Subsequently, as the Committee found that the Institute does not fulfil all the criteria for recognition, the impugned order dated 2nd May, 1996 (Annexure-1) has been issued. 4. The Full Bench of this Court in the case of Rahmania Primary Teachers Training College (supra) held that in the event of rejection of application relating to grant of recognition opportunity of hearing is a must and order of refusal must record reason. In the present case, the Respondents have shown reasons in the impugned order dated 2nd May, 1996. It has been alleged that the Institute, in question, has no building of its own and is running on a rented building which is also in dilapidated condition. There is no provision for physical training and there is no Hostel or game facility for the students. 5. In the writ petition, the petitioner has refuted the allegation relating to dilapidated condition of the building as well as the allegation relating to physical training and other facilities like Hostel and play ground for the students. 6.
There is no provision for physical training and there is no Hostel or game facility for the students. 5. In the writ petition, the petitioner has refuted the allegation relating to dilapidated condition of the building as well as the allegation relating to physical training and other facilities like Hostel and play ground for the students. 6. In this connection, the counsel for the petitioner relied on another report as contained in Annexure-9, dated 3rd June, 1995, wherein the District Sports Officer-cum-Deputy Superintendent (Physical Education), Rohtas at Sasaram has intimated the Veer Kuer Singh University, Arrah that such facilities are available in the Institute and recommended to grant approval to it. 7. In any case it has not been denied by the respondents that at the time of refusal, the petitioner and/or any member of the Managing Committee was not given opportunity of hearing. 8. For the reasons stated above, I set aside the impugned order dated 2nd May, 1996 (Annexure-1) and remit the matter to the Secretary concerned. The concerned Secretary will hear the petitioner and/or any representative of the Managing Committee of the Institute after due notice. 9. It will be open to the petitioner and/or the Managing Committee to produce relevant evidences in their support to show that the report, as contained in Annexure-A is not correct one and is liable to be rejected. The concerned Secretary will thereafter pass a reasoned order after hearing the representative of the Institute and other necessary party(s). He will pass such order within a period of six months from the date of receipt/production of a copy of this order. 10. The writ petition is allowed with the aforesaid observations and directions.