RAM SHRESHTHA BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these four cases, although of different nature, have been taken up together for being disposed of by a common order as all of them are essentially interlinked and arise out of an earlier order dated 10.12.2010 passed by this Court in C.WJ.C. No. 18773 of 2010.

(2.) In fact, the present round of litigation in this Court started when the Petitioner, claiming himself to be Principal of M.K. College, Bhutahi, Sitamarhi, filed C.W.J.C. No. 18773 of 2010 in this Court on 15th November, 2010. In the writ application, he challenged a communication from the Board, contained in letter No. 1902/D/10 dated 27.9.2010, by which, request of the College, made by letter No. 65/10 dated 30.7.2010, for permission to start three sections of Arts faculty, with 128 students each, for session 2009-11, was rejected.

(3.) Case of the Petitioner was that by Office Order of the Board contained in Memo No. 341 dated 23.6.2009 altogether 111 Colleges were allowed extension of seats for the Session 2008-10, with per-mission to start extra sections in concerned faculties. By this order Petitioner's College was also allowed one extra section of Arts faculty for the said Session 2008-10. It was contended that thereafter Board had issued a press communique on 24.7.2009 (Annexure-10) inviting applications by 7.8.2009 for permission for increase of seat in +2 class for session 2009-11. Accordingly, Petitioner submitted an application with the Board for extension of seats for 2009-11 Session. In the meanwhile, the students of additional section for Sessions 2008-10 had appeared in the 11th Examination. Hence, Petitioner forwarded their result to the Board. It was asserted that, for the purpose of extension of one more section for Sessions 2009-11, Petitioner had submitted request in the requisite form and with all requisite information and particulars. Grievance of the Petitioner was that, by impugned communication dated 27.9.2010, Board had rejected the application of the Petitioner for grant of permission for three more sections for session 2009-11 in one line, without disclosing the reasons or without disclosing the shortfalls in the information submitted by the Petitioner for the purpose in the prescribed format.