KRISHNANDAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, Head Master or B.N.M.D. Aawasiya High School, Lakhisarai, hereinafter referred to as the School, through this writ petition (which was admitted on 13.3.1989) prays for issuance of a writ in the nature of mandamu commanding and directing the respondents to issue Admit Cards. FACTS:

(2.) The petitioner asserts that "the school" was established in the year 1980. After fulfilling the requisite criteria for its establishment and after following up the due procedure and after due verification and inspection by the competent authority, it was granted permission to establish as proprietary school vide office order of the Director, Secondary Education vide Memo No. 6212, dated 5.2.1988, as contained in Annexure -1. Earlier such schools were formally required to send their students for matriculation examination through another recognised schools but the Government for the purpose of its Annual Secondary Examination of 1989 decided that such Schools would be competent to take test examination of their students for the purpose of appearance in the Secondary Examination from such schools and that such schools will be entitled to send private students also but the number of such private students should not exceed 50% of the regular students. The decision was also published in various newspapers one of which is as contained in Annexure -2. The registration of 148 students of the school in question was done with the Bihar School Examination Board after depositing the prescribed requisite fee. On 15.12.1988 the District Education Officer, Manger (Respondent -3) came to the 'school' and asked for its records. Records were produced before him and thereafter he left. The petitioner learnt that certain report was sent to the Board by the said District Education Officer about which an information was sent by the petitioner through letter No. 5/89 dated 2.1.1989 (as contained in Annexure -3). Till 21.12.1988 fees and forms of the students of the petitioners' school were received. On 24th February, 1989 even Admit Cards were distributed from the Headquarters situate at Manger to all schools but when the petitioner approached for the Admit Cards of his students, he was told that the same has not been sent by the Secondary School Examination Board. The action of the Board in not issuing the Admit Cards to the students of the petitioner's school is thus wholly illegal, arbitrary and without jurisdiction and is bound to play havoc with the career of the students. The Board was under an obligation to send Admit Cards after having accepted the fees and forms and after issuance of Registration Numbers and was not justified in withholding the Admit Cards without seeking any information from the school about the facts stated in the report of the D.E.O. which are incorrect.

(3.) In the counter affidavit filed only on behalf of Respondent No. 4, the Bihar School Examination Board, at the admission stage of the case, it has been stated to the effect that the reliefs claimed for are not tenable in law and are fit to be rejected, that the report of the D.E.O. (as contained in Annexure -A) has been sent after verification of the school and there is no reason to disbelieve the facts mentioned therein, that when the fees and forms were accepted, the Board was not aware of the facts stated in Annexure -A and that in terms of the interim order dated 28.2.1989 orders were passed, as contained in Annexure -B, allowing the students to appear in the examination.