Dismissed

Primary Cum Middle Sanskrit School through Its Head Master Saroj Kumar Jha v. the State of Jharkhand through the Secretary School Education and Literacy Deptt

Jharkhand HC25 Nov 2022WPC/2102/2019

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus requesting recognition of its Sanskrit School and exemption from land registration conditions similar to those granted to Madarasas. The High Court held that parity claims require a Public Interest Litigation and dismissed the individual petition.

What did the court decide?

None; petition dismissed with direction to approach Court via Public Interest Litigation for parity comparisons.

Primary Cum Middle Sanskrit School through Its… — Education and Admissions | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (C) No. 2102 of 2019

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….....

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Primary-cum-Middle Sanskrit School, Jitmahla

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…. ..... Petitioner

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Versus The State of Jharkhand & Others …. ..... Respondents

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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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For the Petitioner : Mr. Bhawesh Kumar, Advocate. For the Respondents/State : Mr. Awanish Shekhar, A.C. to

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Mrs. Darshana Poddar Mishra, AAG-I For the Resp. Nos. 3 & 4 : Mrs. Richa Sanchita, Advocate.

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The matter is being taken up through Video Conferencing. Learned counsel for the parties have no objection with it and submitted that the audio and video qualities are good.

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07/25.11.2022.

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Heard, learned counsel for the petitioner, Mr. Bhawesh Kumar.

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Petitioner Primary-cum-Middle Sanskrit School, Jitmahla, P.O. - Radhiya, P.S. - Mohanpur & District – Deoghar, represented through its Head Master Saroj Kumar Jha, son of Sri Nageshwar Prasad Jha, resident of Bilasi Town, P.O. - Bilasi, P.S. & District - Deoghar has preferred this writ petition against the State of Jharkhand and the Jharkhand Academic Council for issuance of writ in the nature of mandamus for grant of recognition of the Primarycum-Middle School, Jitmahala, P.S. - Mohanpur, District – Deoghar as a Sanskrit School, which is under consideration for the recognition with the Government since long and also for issuance of writ in the nature of mandamus directing to the respondents to treat the Sanskrit school at par with government notification dated 19.12.2013, which is for the recognition of the Madarsas of the Jharkhand State, wherein the Madarsas of Santhal Pargana have been exempted from the condition of having registered land in the eventuality of Santhal Pargana Tenancy Act.

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Learned counsel for the petitioner has submitted, that the school is established in the year 1983 and after creation of new state of Jharkhand in the year 2000, school has applied for recognition before the Jharkhand Academic Council in its meeting dated 17.03.2012. Jharkhand Academic Council has not recognized the

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school because of the fact that the school has no land, as it appears from Annexure-1 at page 21 of the brief.

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Learned counsel has relied upon a Circular issued by the then Bihar Government in Bihar Gazette Supplementary dated 16.02.1977, whereby it is mentioned that the Madarsas and the Sanskrit Schools of the State of Jharkhand are recognized on the basis of resolution no. 1090 dated 29.11.1980 and resolution no. 2291 dated 18.10.1976 respectively. No exemption has been granted to Sanskrit School, whereas Madarasa School has been granted exemptions by State of Jharkhand vide notification dated 19.12.2013.

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Learned counsel for the petitioner has also submitted that petitioner should also be considered for such exemption.

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Learned counsel for the petitioner has submitted, that the Deputy Commissioner has recommended his case for exemption even then exemption has not been granted to the petitioner.

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Learned counsel for the respondents / State, Mr. Awanish Shekhar has submitted that since the Government Policies are there, it is the prerogative of the government to frame a policy and the government has considered that Madarasa school can be granted exemption and the Sanskrit school has not been granted exemption by that letter, as such it cannot be forced upon the State of Jharkhand that if exemption has been granted to Madarasa Schools, the same should be granted to the Sanskrit School also.

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Mrs. Richa Sanchita appearing for the Jharkhand Academic Council has submitted, that the matter is pending before the Government, as such no relief can be granted. Petitioner ought to have challenged this order regarding discrimination between Madarasa School and Sanskrit School by way of the Public Interest Litigation. No individual relief can be granted.

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In view of the decision of the State of Jharkhand, this Court cannot look into the same on the ground that one Sanskrit school has to be compared with the Madarsa School. If the Sanskrit school of the State of Jharkhand has grievances, they can go before the PIL

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Bench for a direction upon the State to compare the same with Madarasa School and examine that how Madarasa School has been given benefit, whereas the Sanskrit School has not been given. This subject can be decided by PIL and not by the Court under Article 226 of Constitution of India.

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Accordingly, the writ petition is dismissed.

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(Kailash Prasad Deo, J.)

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Sunil/-

Primary Cum Middle Sanskrit School through Its Head Master Saroj Kumar Jha v. the State of Jharkhand through the Secretary School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

Primary Cum Middle Sanskrit School through Its Head Master Saroj Kumar Jha v. the State of Jharkhand through the Secretary School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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