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2009 DIGILAW 323 (PAT)

Bhartendu Narain Singh v. State Of Bihar

2009-02-26

NAVIN SINHA

body2009
JUDGEMENT 1. Heard learned Counsel for the petitioners and the learned Counsel for the State of Bihar as also the learned Counsel for the Bihar Sanskrit Shiksha Board. 2. The petitioners claim to be Headmaster/Secretary of Sanskrit Schools in the District of Saharsa and Supaul established in between the year 1978 to 1981. It is their further case that fees and forms of its students for appearing at the Prathma/Madhyama Examination have been accepted continuously since then and only now the same has been refused with regard to 2009 Examination. 3. The petitioners have placed on record documentary evidence including money receipt of the permission granted by the State Government for acceptance of their fees and forms and deposit thereof, but presently in pursuance of some report of the Department of Vigilance not specific to the institution of the petitioners acceptance of the fees and forms is being denied. 4. A counter affidavit has been filed on behalf of the respondent-Board. 5. Whether the fees and forms were being accepted by the Board from the petitioner-Institution directly as alleged or indirectly through other recognised institution as suggested by the Board is hardly of any relevance in view of the admitted position emerging from the Board that it was the Board which was accepting the fees and forms. Present was not a case of new institution established recently staking its claim for students to appear at the examination raising issue of unrecognized school. There are sufficient materials on record to indicate that orders were issued individualy with regard to the petitioners institution as far back as 1990 to accept the fees and forms. 6. Learned Counsel for the Bihar Sanskrit Shiksha Board acknowledges that the students of the petitioners institution have been appearing at the Prathma/Madhyama Examinations conducted by the Board and their fees and forms have been accepted since long till present order in 2009. He therefore, submits that he has instruction to state that the Board for the present examination of the year 2009 shall accept the fees and forms of the students of the petitioners institution for appearing at the Prathma/Madhyama examination but that this shall have no bearing on the issue of formal orders of recognition which is now engaging attention of the Board. 7. There is no occasion for this Court to make any pronouncement on what may or may not be done in future. 8. 7. There is no occasion for this Court to make any pronouncement on what may or may not be done in future. 8. The reliefs sought for having been agreed to by the respondents nothing survives for adudication and the writ application is disposed in terms of the statement made on behalf of the Board with regard to the acceptance of the fees and forms to be done expeditiously so that appearance of the students at the examination is not hindered. This Court had given sufficient indication with regard to the same in its order dated 23.1,2009. 9. The writ application stands disposed.