LAWS(PAT)-1972-1-18

KISHUN PRASAD SINGH Vs. STATE OF BIHAR

Decided On January 14, 1972
KISHUN PRASAD SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India for quashing Annexure '2' an order of the Board of Secondary Education, Bihar, granting recognition to proposed Tripur High School, P. O. Jamhara (Saharsa) and Annexure '1', appellate order passed by the Secretary to Government, Education Department, Bihar, in exercise of the powers conferred by Section 6 (1) of the Bihar High Schools (Control and Regulation of Administration) Act 1960 (hereinafter referred to as the Act) in an appeal against the aforesaid order of the Board of Secondary Education.

(2.) The relevant facts leading to this application may be shortly stated. Rama Devi High School was started in the year 1963 in village Bhaddi (Saharsa) got partial recognition within a short time. It became a full-fledged school thereafter and gets Government aid as well. It is stated in the application that there is Jamhara which is situated at a distance of a little over two miles from Bhaddi School. In a craze to start a new school some interested persons of village Jamhara planned and started a new rival school in that village in the year 1968 with an object to causing harm to the Bhaddi school. That school was given name as Tripur High School. The Subdivisional Education Officer held an inquiry into the desirability of having a new school as so close distance from the Bhaddi School. As a result of the inquiry he reported that the rival school was started in a spirit of rivalry with an object to cause harm to the Bhaddi school. The new school is situated at a distance of two miles from the old school at Bhaddi where the students of village Jamhara used to go and read without any difficulty. A copy of the report is Annexure '3' to the writ application. In spite of this report the District Education Officer of Saharsa recommended for the recognition of the new school. A copy of the recommendation made by the District Education Officer is Annexure "4* to the writ application. The petitioner having come to know of this report made representations but the Board of Secondary Education without hearing the petitioner granted partial recognition to the new school (Annexure '2'). The petitioner preferred an appeal to the appellate authority. The Secretary, Tripur High School, Jamhara, respondent No. 7, filed rejoinder. The parties were heard by the appellate authorities and by its order dated 8th January, 1971, the appeal was dismissed (Annexure '2'). Mr. Gorakh Nath Singh, learned counsel for the petitioner, has submitted that the order of the appellate authority is arbitrary and illegal. The appellate authority has not disclosed even the ground on which the appeal was resisted and what were the contentions raised and what were the materials produced before it. The Board of Secondary Education violated the principles of natural justice in not giving notice to the petitioner of being heard before passing the order giving recognition to the new school. The Board and the appellate authority have acted well against the principles of natural justice.

(3.) A counter affidavit has been filed on behalf of the Secretary, Tripur High School, respondent No. 7. In the counter-affidavit, it is stated that the distance between Bhaddi School and the Jamhara school is about 7 miles through road. Even the shortest distance between the two schools is more than five miles. But when the site of the Bhaddi School is shifted to its new site, the distance will be increased to one mile more. In support of this, a certificate from the District Engineer, Saharsa has been filed in which it is stated that the distance from High English School, Jamhara to Bhaddi High English School is six miles and via Manguar is eight miles. The petitioner has also attached a letter dated 16th January, 1970 written by the District Engineer, Saharsa stating therein that the distance between Bhaddi and Jamhara is only about 21/2 miles. On the other hand it appears from the report of the District Education Officer, (Annexure '4') that the distance between Jamhara and Bhaddi High School by road is six or seven miles. Therefore on the facts of this case there is a great controversy over the distance between these two schools. However, I will proceed on the assumption that the Tripur High School Jamhara is situated within five miles from the Bhaddi High School.