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2003 DIGILAW 530 (PAT)

Nitishwar Prasad Singh v. State Of Bihar

2003-05-05

NARAYAN ROY

body2003
Judgment Narayan Roy, J. 1. Heard Counsel for the parties. 2. By this writ application, the petitioner has prayed for issuance of a direction upon the respondents to reinspect the school the question in order to give recognition and to permit the students of this school to appear in the ensuing annual examination to be held from 12-8-2002. However, in I.A. application the prayer has been moulded to the extent to issue direction to the State authorities to allow the students of the school in question to appear in the ensuing examination commencing from today. 3. Mr. Ganesh Prasad Singh, learned Senior Counsel appearing on behalf of the petitioner, submitted that the students of the similarly situated institutions, specially owned by the State of Bihar, are being allowed to appear in such examination even though their affiliations have expired in September 1999. 4. So far the first prayer of the petitioner that the school in question be reinspected is concerned, it appears from the counter affidavit filed on behalf of the respondents that the State Government has constituted a committee vide Memo No. 863(6) dated 6-11-2002, as contained in Annexure A, for inspection of the school in question. 5. Since the State Government has constituted a committee for inspection of the school in question, the inspection, however, must be completed within a reasonable period. 6. Under the circumstances, the respondent State is directed to inspect the School in question by the team constituted by it, as referred to above, within a period of six weeks from today and the report of the committee will be submitted to the Government within a further period of four weeks and no sooner the report is submitted to the Government, necessary order will be passed by the State authorities within a period of fortnight from the date of submission of the report. 7. So far the another limb of argument is concerned, the petitioner, if so advised, may challenge the action of the State authorities, whereby and whereunder the students of the other institutions similarly situated to the petitioners institution are being allowed to appear in the ensuing examination, by filing a separate were application, which would be considered on its own merit. 8. With the direction/observation aforesaid, this application is disposed of. 9. 8. With the direction/observation aforesaid, this application is disposed of. 9. Let copies of this order be handed over to learned Counsel for the petitioner, learned Counsel for the State and learned Counsel for the Nurses Council of India.