RAM NIHORE PANDEY SANSKRIT PRATHMIK SAB MADHYAMIK BALIKA VIDHYALAYA FATAHPUR SHIVHAR SITAMARHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) - In all these writ applications the petitioners have prayed that the students of the petitioner-School may be permitted to take the examination for the Madhyama course, which is to be held in the year 1993, as per the programme published in Advertisement No. 1/93, which is Annexure-4 in C. W. J. C. No. 3358/93. In most of the writ petitions a prayer has been made that the students of the institution, though unrecognised, may be permitted to take the said examination. In some of the .writ applications it is prayed in addition that the matter regarding recognition of the institution may be decided by the State Government, and the students of the institution should, in the meantime, be permitted to take the examination. In a few writ applications there are other prayers made, but we are not dealing with those aspects of the matter, and they shall be dealt with separately in those writ applications.

(2.) The Governor of Bihar was pleased to promulgate an Ordinance known as the Sanskrit Education Board Second Ordinance, 1981 (Bihar Ordinance No. 73, 1981), which w& replaced by the Bihar Act 31 of 1982, namely, Bihar Sanskrit Education Board Act, 1981 Under the provisions of the Act a Board was established, namely, Bihar Sanskrit Education Board. The aforesaid Board consists of Chairman, a Secretary and a Managing Committee. The powers and functions of the Board have been enumerated in Section 6 of the Act. One of the duties entrusted to the Board is to advise the State Government on all matters relating to Sanskrit Education upto Madhyama standard. Apart from that, subject to the provision of the Act, the regulations and rules made thereunder, the Board has also been entrusted with the power to direct, supervise and control Sanskrit Education upto Madhyama standard in the State and shall have the following powers :

(3.) It is, therefore, apparent that the State Government has been empowered to frame rules providing the procedures and conditions of recognition of Sanskrit Schools. Similarly, the Board has been empowered to grant recognition to Sanskrit schools and Tols upto Madhyama standard with the prior approval of the State Government and within the number fixed by the State Government, in accordance with such rules as may be made in this behalf. Obviously, therefore, unless the rules are first framed by the State Government, it will not be possible for the Board to grant recognition to any Sanskrit school, as contemplated by the Act. The second requirement is that such recognition should be granted only after obtaining the prior approval of the State Government. For the conduct of examination as well as for imparting education in recognised Sanskrit schools and Tols it is imperative that the Board must first frame the regulations. It is only by regulation that the syllabi, the courses of studies and the books to be studied in recognised Sanskrit schools on tols for examinations can be provided. Similarly, the Board must provide by regulation the rates of remuneration to be paid to the paper-setters, moderators, tabulators etc. and others employed in connection with the examination conducted by the Board and the fees to be paid by the candidates for such examination. From a reading of Sections 6 and 22 of the Act it follows that education can be imparted in the subject of Sanskrit upto Madhyama standard in accordance with the regulations to be framed by the Board and the examinations have also to be conducted in the manner provided under the regulations. Such education must be imparted to any schools recognised under the Act, meaning thereby the schools recognised by the Board with the prior approval of the State Government in accordance with the rules which must be necessarily to be framed by the State Government under Section 22 of the Act.