The High Court of Patna dismissed a habeas corpus application filed by an unrecognized school seeking recognition or acceptance of student registration forms, citing Supreme Court guidance against granting relief on sympathy.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.551 of 2010
1. BALIKA HIGH SCHOOL, ISRAULI, MARHAURA, DISTT.- SARAN THROUGH IN-CHARGE HEADMASTER SRI AWADH KUMAR SINHA S/O LATE BHUPENDRA SINGH R/O VILL.- BARDAHIYA, P.S. MARHAURA, DISTT.- SARAN AT CHAPRA
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA
2. THE BIHAR SCHOOL EXAMINATION BOARD SINHA LIBRARY ROAD, PATNA
3. THE SECRETARY THE BIHAR SCHOOL EXAMINATION BOARD, SINHA LIBRARY ROAD, PATNA
4. THE DIRECTOR, SECONDARY EDUCATION GOVERNMENT OF BIHAR, PATNA
5. THE DISTRICT MAGISTRATE SARAN AT CHAPRA
6. THE DISTRICT EDUCATION OFFICER SARAN AT CHAPRA
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acknowledges that the School is not recognized.
The argument that in the past the registration forms
of its students for appearing in the Matriculation examination may
have been accepted does not appeal to this Court.
The law with regard to unrecognized institution and
that Courts should not grant relief much less interim relief on sympathy has been cautioned by the Supreme Court in (2006) 13 SCC 673 (Sunil Oraon (minor) through guardian & ors. V. CBSE
& ors.).
There is no merit in this application. It is,
accordingly, dismissed.
AKS/
(Navin Sinha, J.)
1 issue framed by the court
Whether an application for recognition of an unrecognized school entitling it to accept registration forms for Matriculation examination is maintainable or deserves interim relief.
Colour shows how this judgement treated each authority
Sunil Oraon (minor) through guardian & ors. V. CBSE & ors.Referred¶17
(2006) 13 SCC 673 · Who else cites this
1 provisions across 1 enactments
BALIKA HIGH SCHOOL, ISRAULI, MARHAURA, DISTT.- SARAN THROUGH IN-CHARGE HEADMASTER SRI AWADH KUMAR SINHA
THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR
THE BIHAR SCHOOL EXAMINATION BOARD
THE DIRECTOR, SECONDARY EDUCATION GOVERNMENT OF BIHAR
Navin Sinha
As recorded by the court registry
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