Learned counsel for the petitioner however submits that an application in the prescribed format has been thereafter made as per Annexure-11A enclosed to the supplementary affidavit of the petitioner filed on 29.04.2014. The respondents in their counter affidavit filed on 1st April, 2013 and thereafter on 1st May, 2013, have referred to the order of rejection at Annexure-7 and the grounds of its rejection. However, the respondents have also stated in the second counter affidavit at paragraph19 that the petitioner if submits an application in the prescribed proforma supported by relevant documents and in accordance to the applicable law, then the Human Resources Development Department, Government of Jharkhand would consider it in accordance with law and the provisions of the Act of 2004. The other averments relating to the establishment of the petitioner's School have also been made in the affidavit of the Deputy Director (Welfare) at paragraph-17. According to the statements therein, the petitioner was granted permission for establishment of the School for the Sessions 2009 – 10 under Rule 3 and 4 of the Jharkhand Madhyamic Vidhyalaya Sthapna Anumati Avam Swikriti (Sarth Avam Bandhej) Niyamawali, 2008. However, permanent permission under Rules 7, 8 and 9 has not been granted to the petitioner by the said letter dated 28.07.2009.
