Disposed

Gomati Sanskrit Prathmik Sah Madhya Vidyalaya through Its Headmaster Sri Nishikant Mishra v. Human Resources Department

Jharkhand HC13 Jan 2020WPC/2599/2015

Case brief

AI extract

What is this about?

This writ petition challenged the lack of recognition for the petitioner's school. The court directed the petitioner to file a fresh representation with credentials with the Jharkhand Academic Council, which must make a final decision within four weeks.

What did the court decide?

Direction to petitioner to file fresh representation with credentials; direction to Jharkhand Academic Council to decide within four weeks.

Gomati Sanskrit Prathmik Sah Madhya Vidyalaya… — Education and Admissions | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2599 of 2015

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Gomati Sanskrit Prathmik-Sah-Madhya Vidyalaya, Baniyadih Block Basantrai, District Godda through its Headmaster, Sri Nishikant Mishra son of Late Makardhaz Mishra, resident of Village Derma, P.O. Sanour, P.S. Basantrai, District Godda …… Petitioner

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Versus

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State of Jharkhand through Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi

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The Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi

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The Jharkhand Academic Council, Gyandeep Campus, Bargawan, Namkom, P.O. and P.S. Namkom, District Ranchi through its Chairman

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The Chairman, Jharkhand Academic Council, Gyandeep Campus, Bargawan, Namkom, P.O. and P.S. Namkom, District Ranchi

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The Secretary, Jharkhand Academic Council, Gyandeep Campus, Bargawan, Namkom, P.O. and P.S. Namkom, District Ranchi

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Diwakar Jha s/o Late Janardhan Jha R/o Baniadih PO+PS-Pathargama, District-Godda

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….... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :Mr. V. S. Jha, Advocate For the Respondent-JAC :Ms. Richa Sanchita, Advocate Ms. Pinky Shaw, Advocate

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14/Dated:13.01.2020

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Heard Mr. Vijay Shankar Jha, the learned counsel for the petitioner, Ms. Richa Sanchita, the learned counsel for the respondent - Jharkhand Academic Council and Mr. Sanket Khanna, learned AC to GA-II for the respondentState.

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The petitioner has preferred this writ petition for a direction upon the authorities of the Jharkhand Academic Council to accord recognition of the petitioner's school after obtaining approval from the Government of Jharkhand.

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Learned counsel appearing for the petitioner submits that the petitioner's school was formerly established in the year 1976, but was finally established as far back as on 29.12.1978 in the name and style of Gomati Sanskrit Prathmik Sah Madhya Vidyalaya, Baniyadih Block Basantrai, District - Godda. He further submits that one

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-2-

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Diwakar Jha had gifted 16 Katha, 13 dhurs of the land in the name of the school. He further submits that on several occasions inquiry was made by the competent authority for recognition of the school in question, but till date, nothing has been done by the respondents and i.e. why the petitioner has been compelled to file this writ petition.

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Learned counsel appearing for the respondent-JAC submits that in such circumstances, the petitioner may be directed to file a fresh representation and the JAC will take a decision in accordance with law.

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In view of the above submission of learned counsel for JAC, the petitioner is directed to approach JAC by filing fresh representation alongwith credentials in favour of the school for consideration and recognition in terms of the existing rules, regulations, guidelines of the Government of Jharkhand.

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Mr. Jha, learned counsel submits that he will approach Jharkhand Academic Council, within four weeks, from today. If such representation is filed within four weeks, the respondent No.3 shall take a final decision on the representation of the petitioner within four weeks thereafter and shall communicate the decision to the petitioner within the aforesaid period.

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With the above directions and observations, this writ petition stands disposed of.

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(Sanjay Kumar Dwivedi J.)

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Tarun /- Rohit

Gomati Sanskrit Prathmik Sah Madhya Vidyalaya through Its Headmaster Sri Nishikant Mishra v. Human Resources Department

Case brief

What is this about?

What did the court decide?

Gomati Sanskrit Prathmik Sah Madhya Vidyalaya through Its Headmaster Sri Nishikant Mishra v. Human Resources Department

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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