JUDGMENT : 1. Both the writ petitions have been directed to be listed together for analogous hearing and as such, have been heard together and now are being disposed of by this common order. 2. Counter affidavits have been filed, the same are taken on record. 3. This writ petition is under Article 226 of the Constitution of India for quashing the orders dated 15.03.2018 as contained in Memo No.JAC/VI.STHA./1319/17/SECY/168/2018 [W.P.(C) No.2999 of 2018] and Memo No.JAC/VI.STHA./1319/2017/SECY/165/2018 [W.P.(C) No.2498 of 2018] as contained in Annexure-1 issued under the signature of Secretary, Jharkhand Academic Council, Ranchi (respondent No.7) by which the permission for establishment guaranteed to the petitioners’ schools namely Harijan Residential High School, Kohwara, District-Godda [W.P.(C) No.2999 of 2018] and Janjatiya High School, Gandhigram, Godda [W.P.(C) No.2498 of 2018] have been cancelled as also not to take admission of the students in the current session and further granting aid to the schools of the petitioners without any valid reason with a further direction upon the respondents not to disturb in taking admission of the students in schools and further direct the respondent Nos.5, 6 & 7 to accept the registration form as well as examination form of the students of the schools in question. 4. The brief facts of the case of the petitioners as per the pleadings made in the writ petitions is that on the basis of the part of the land donated by the local people for construction of the school buildings, the schools have been constructed in the years 1985 and 1990 respectively and the Secretary of the Managing Committee has been authorized to take appropriate steps for establishment of the schools for obtaining permission for establishment of the schools from the competent authority and in pursuance thereto, vide decision taken under Memo No.3884 dated 30.10.1991 and Memo No.722 dated 05.03.1990 respectively, permission was granted for establishment of the schools with certain direction, in pursuance thereto, the schools have been constructed and started by following the provision as applicable during the relevant time known as Bihar Non Government Secondary School, (Management and Control taking over) 1981 Act wherein as per the provision stipulated under Sections 9 & 15, the service condition rules was framed by the State Government popularly known as Bihar Nationalized High School (Service Condition) Rules, 1983. 5. 5. In the provision mentioned under the Act, 1981, the schools were opened and the direction for establishment of the said schools were granted in the year 1985 and from the said date, the schools are running properly. 6. After coming into effect of the Bihar Reorganization Act, 2000, the successor State of Jharkhand has come into being w.e.f. 15.04.2000 and as such in view of the provision of Act, 2000, the provision of Act, 1981 and Rules 1983 have been adopted by the State of Jharkhand. 7. It is the case of the petitioners that in the light of the Act 1981, the condition stipulated therein has been complied with but the State of Jharkhand has come out with a Rule on 11th July, 2008 known as Jharkhand Secondary School Permission for Establishment and Recognition (Condition & Control) Rules, 2008 wherein the provision has been made that all the private managing schools are bound to obtain recognition from the Jharkhand Academic Council by complying with the conditions within two years. 8. The petitioners have complied with all the condition stipulated under the provision of Rules, 2008 and to inquire into the same, committee was constituted who has submitted reports on 22.05.2013 and 21.05.2013 respectively recommending the name of the schools of the petitioners for recognition, but without considering the same, the impugned decision has been taken on the ground that certain condition stipulated under the provision of the Rules, 2008 has not been fulfilled, therefore, the petitioners have been called upon along with the cogent evidence within 30 days so that the action for recognition be taken. 9. The petitioners’ further case is that in the similar circumstances, the other schools have been recognized and even though the entire aspect of the matter has been brought before the notice of the Jharkhand Academic Council, no decision has been taken, hence these writ petitions have been filed. 10. Further grievance is that due to the decision of non-recognition of the petitioners’ schools, the students who have now reached at Class 9th they are to be registered before the Council for their appearance in the 10th Board Examination and as such the prayer has been made to pass an appropriate order. 11. 10. Further grievance is that due to the decision of non-recognition of the petitioners’ schools, the students who have now reached at Class 9th they are to be registered before the Council for their appearance in the 10th Board Examination and as such the prayer has been made to pass an appropriate order. 11. Learned counsel appearing for the State-respondent as also for Jharkhand Academic Council, have jointly submitted that in view of the provision of Rules, 2008 certain condition is to be complied with/fulfilled by the schools in question and when, on inspection, it has been found that the schools in question are not fulfilling certain conditions stipulated under the provision of Rules, 2008, decisions have been taken which are impugned in these writ petitions by way of providing an opportunity to satisfy the authority within 30 days along with cogent evidence so that necessary decision for recognition can be taken but instead of approaching before the Council, the petitioners have approached before this Court and as such the writ petitions may not be entertained since it is a question of providing better education to the students studying in the schools and if the content of the impugned decision would be seen, the petitioners’ schools even have got no land even on lease for 30 years, appropriate building is not there, trained teachers are lacking, therefore, the same being the mandatory requirements as per the provision of Rules, 2008, the Council has proceeded in order to inquire about as to whether the condition stipulated under the provision of law of the year 2008 is complied with by the schools in question or not? 12. It has been submitted so far as the students who have reached to Class 9th, there is a provision under the Regulation for Examination to allow such students as a private candidate in view of the provision made therein under Regulation 38 and if the petitioners’ schools will approach before the Council under the aforesaid provision, the required decision shall be taken by the competent authority. 13. 13. Having heard the learned counsel for the parties and after appreciating the rival submissions, this Court instead of passing an order on merit is of the view by going across the impugned notices dated 13.10.2016 and 22.07.2016 by which the petitioners have been directed to come with the cogent evidence within 30 days so that the decision for recognition can be taken, deem it fit and proper to direct the petitioners to approach before the authority in order to satisfy them. 14. The learned counsel for the petitioners in course of the arguments has also agreed to pursue the matter before the authority since according to him, the due representation along with the relevant documents has been furnished but decision by the competent authority of the Council is not being taken. 15. Be that as it may, since the factual dispute is involved in this case pertaining to fulfillment of conditions stipulated under the provision of Rules, 2008, therefore, this Court refrains itself in exercising the power conferred under Article 226 of the Constitution of India at this stage rather it is the Council who is to take decision after spot verification of the schools in question and by perusing the relevant records, although the opportunity was provided to the petitioners vide notices dated 13.10.2016 and 22.07.2016 but the same has not been availed, therefore, this Court thinks it proper to direct the petitioners to approach before the competent authority of Jharkhand Academic Council, Ranchi i.e., The Secretary, Jharkhand Academic Council, along with all the relevant records within a period of two weeks from the date of receipt of copy of the order. The concerned respondent will look into and scrutinize the entire record and if required to also physically inspect the schools in question in order to assess as to whether the conditions stipulated under the provision of Rules, 2008 has been complied with. 16. The Secretary, Jharkhand Academic Council is directed to take help of the District Education Officer, Godda who will extend full corporation to the Secretary of the Jharkhand Academic Council in reaching to the rightful conclusion and to take decision in this regard within a period of 12 (twelve) weeks from the date of receipt of copy of the order. 17. It is made clear that while taking decision, the stipulation made under the provision of Rules, 2008 strictly to be complied with. 18. 17. It is made clear that while taking decision, the stipulation made under the provision of Rules, 2008 strictly to be complied with. 18. So far as the predicament of the students who have reached in Class 9th since the schools in question have not yet been recognized, it would not be proper for this Court to pass a direction upon the Council to entertain their candidature as a regular student of the said schools but keeping the fact into consideration that their career are at stake, this Court directs the petitioners’ schools to make appropriate application under the provision of Rule 38 of the Regulation for Examination approved by the Jharkhand Academic Council under the provision of Section 27 (B) & (C) of the Jharkhand Academic Council Act, 2008 which speaks about the private candidates, if such application would be made, the competent authority of the Jharkhand Academic Council will consider it in accordance with law and take appropriate decision in terms of the aforesaid provision of law. 19. In view thereof, both the writ petitions are disposed of in terms of the direction made hereinabove. 20. Accordingly, interlocutory applications being I.A. No.11435 of 2018 [W.P.(C) No.2999 of 2018] and 11352 of 2018 [W.P.(C) No.2498 of 2018] are also disposed of.