DILIP KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition was filed for a direction to the respondent -State to grant recognition to all the 12 Prathamik -Sah -Madhyama Sanskrit Schools (represented through the petitioners in this case). Grievance was made although applications for grant of recognition in this regard were pending before the Government since the year, 1985, but no order was passed. In the meantime, several others similarly situated schools were recognised.

(2.) All the petitioners; schools, as stated, were established in the year, 1977 -78 at the respective places in different Districts. By virtue of Ordinance No. 84/1980, the State Government constituted an autonomous Board for the development and better supervision of Sanskrit education up to Madhyama Standard in this State. Under the provisions of Sub -clause (2)(a) of Clause 6 of the said Ordinance, the Bihar Education Sanskrit Board was vested with the powers to grant recognition to Sanskrit Schools with the prior approval of the competent authority within the sanctioned strength fixed by the State Government in accordance with the Regulations framed at the relevant time. In course of time, an enactment called as Bihar Sanskrit Education Board Act, 1981, was published in the Bihar Gazette (Extraordinary) dated 21 -1 -1982, applying its provisions retrospectively with effect from 11 -8 -1980.

(3.) Undisputedly a committee, which was constituted by the State Government, recommended names of 204 schools in first phase and 22 schools of various grades including petitioners' schools in second phase. The Government, however, granted approval only with respect to 205 schools, but 21 schools including the names of the petitioners' schools were kept pending.