The High Court dismissed the writ application for the recognition of a primary school. The Court held the application was filed for oblique reasons given the State Government's denial of a recognized school at that location and evidence that the petitioner sought to bypass the new school establishment process.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12394 of 2008
====================================================== Kapil Dev Yadav son of late Kishun Yadav resident of Hari Shasnkar, P.O. Bhagata, P.S. Beja, District Madhubani. .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 3 11-10-2012 This writ application had been dismissed earlier for non prosecution and restored. Even today, there is none to represent the petitioner. Learned counsel for the State is present. A detailed counter affidavit has been filed on their behalf in which they categorically deny that there was any recognized primary school which was allegedly being run at Lal Baba Asthan with the consent of the local authority. In fact, the assertion is that the school was never recognized by the government. Local villagers or persons with vested interest had forcefully established the school and they wanted recognition to be given to that school by allotting one of the newly created schools to be run from the said place.
They further assert that in terms of permission of
Patna High Court CWJC No.12394 of 2008 (3) dt.11-10-2012
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the State government to establish 575 new primary schools in the financial year 2006-07, the matter was taken up and establishment of a primary school in Singhyoun was sanctioned and effort was made by the authorities to set up the said school which was being resisted out of motive. Present writ application has been filed in furtherance thereto.
The assertion made in the counter affidavit is duly supported by the evidence in this regard. In view of the same, the Court is of the opinion that this writ application has been filed for oblique reason rather than for any bona fide assertion of right of establishment of a new primary school at Lal Baba Asthan which petitioner wants.
This writ application is dismissed.
(Ajay Kumar Tripathi, J)
Amin/-
1 issue framed by the court
Whether the petitioner has a bona fide right to establish a primary school at Lal Baba Asthan.
KAPIL DEV YADAV
THE STATE OF BIHAR
AJAY KUMAR TRIPATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
