RAM NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN both the writ petitions similar questions of law and fact are involved. They have been heard together and are being disposed of by this common order.

(2.) PETITIONERS in both the writ petitions are Incharge head masters of the school, namely, A.J. High School, Jogiya Kansh and High School Dhewahi respectively. They have come before this Court for issue of direction to the respondents to hand over the registration slips and examination forms and to accept examination forms of the students of their respective school. Both the schools are proprietary and recognised schools. In C.W.J.C. No. 1990/2002 registration fees and forms of 358 students were submitted before the Board which were accepted. In C.W.J.C. 1991/2002 registration fees and forms of 289 students were submitted which were accepted. Registrations of all the students of both the schools were made. Registration slips and examination forms were sent to the District Education Officer for handing over the same to the Head master of the schools. Petitioners approached the District Education Officer, Aurangabad but no registration slip and examination forms were given. The petitioners in such a situation have moved this Court for issue of direction as indicated above.

(3.) FROM the narration of facts and submission of learned counsel for the parties it is evident that registration fees and forms of the students were accepted by the Board in the month of June, 2001. The students were registered and registration slips and examination forms were sent to the District Education Officer with the direction to hand over the same to the Head Master after verifying genuineness of the students. The petitioners approached the District Education Officer for registration slips and examination forms but the same were not handed over to them. It would be pertinent to mention herein that inspection of both the schools was made to verify the genuineness of the students for registration and report was submitted accordingly. Inspection reports have been annexed as Annexure -3 to the writ petitions, wherefrom it appears that detailed inspection/enquiry with respect to number of teachers, admission of students, admission register, guard files, registration forms etc. was made and report was submitted that registration of the students on inspection was found to be genuine. In the counter -affidavit genuineness of the report has not been doubted. However, plea has been taken by the respondents that both the schools are proprietary schools and in no case more than 120 students can be registered/allowed to appear in the examination from proprietary school. In support of submission learned counsel for the Board drew my attention to Rule 3 which deals with establishment of school. Rule 3 (K) deals with grant of permission to establish the school and says that in case of proprietary school permission can be granted only when the number of students in the said school is not less than 160 and in case of girls school not less than 100 students. However, it says that in one section number of students must not be more than 60. The aforesaid provision deals with permission to establish proprietary school. It does not say with respect to admission of students in the proprietary school after grant of permission to establish. Therefore, submission of learned counsel for the Board appears to be without any substance.