Partly allowed

Chhatradhari Sanskrit Prathmik v. the State of Bihar and Ors.

Patna HC13 Feb 2009CWJC/9252/2002

Case brief

AI extract

What is this about?

The High Court granted liberty to the petitioners to remove deficiencies pointed out in a rejection order and directed the respondent Board to take a fresh decision on recognition within six months after reporting such removal, ensuring a proper communication of any subsequent deficiencies.

What did the court decide?

Liberty granted to remove deficiencies within a reasonable time; respondent Board directed to take a fresh decision on recognition within six months from receipt of report.

Chhatradhari Sanskrit Prathmik Vs the State of Bihar… — Education and Admissions | Patna HC (2009)

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 IN THE HIGH COURT OF JUDICATURE AT PATNA
 CWJC No.9252 of 2002
 CHHATRADHARI SANSKRIT PRATHMIK – SAH- UCHCHA VIDYALAYA,
Kushahi & others

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 Versus

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 THE STATE OF BIHAR & ORS

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13.02.2009 Heard leaned Counsel for the petitioners and the learned Counsel for the State as also the respondent Board.

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The issue relates to affiliation and consequent recognition of the petitioners’ Institution.

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The petitioners claimed to be a School established since 1979. The pleadings reflected an application made for recognition as far back as 1994 with more than one inspection which ultimately appears to have been rejected on 26.12.2006 on ground of certain alleged deficiency.

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The issue of fulfillment of condition for recognition are issues of fact. However, if certain deficiencies were found in the existing Institution which has applied for recognition instead of rejecting the same outrightly the proper course for the authorities is to communicate the deficiencies to the Institution provide a reasonable opportunity to remove the same and then

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to take final decision on the issue.

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This Court therefore considers it proper to grant liberty to the petitioners to remove the deficiencies as pointed out in the rejection order dated 26.12.2006 within a reasonable time and after communication of such removal directs the respondent Board to take fresh decision on the issue of recognition within a maximum period of six months from the date of receipt of report of such removal of deficiencies.

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The deficiencies thereafter if any should be pointed out to the Institution at the time of inspection in writing and their acknowledgement obtained whereafter a reasoned order may be passed.

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The writ application stands disposed.

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Snkumar/-

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(Navin Sinha,J.)

Chhatradhari Sanskrit Prathmik v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Chhatradhari Sanskrit Prathmik v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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