BHARAT SEVA SAMITI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) The Petitioner Bharat Sewa Samiti Chandwara has filed the present writ application for a direction to the Respondent State and its officers to grant recognition of the college in question from retrospective date, i.e., from 1982, under the provisions of Bihar Non Government Physical Training College and Non Government Primary Teachers Education College (Control and Regulation) Act, 1982 (hereinafter referred to as the Act).

(3.) The Petitioner's case is that Bharat Seva Samiti was registered under the Co-operative Societies Act, vide Annexure-2, and prior to that on 7-12-1979 it decided to establish a Physical Training College at village Chandwara, Hazaribagh, to be known as Bharat Seva Samiti Dwara Sanchalit Sharirik Shikshan Prashikshan Maha Vidyalaya, Chandwara and the said College started functioning from 1-1-1980. In 1983 the College shifted to Hazaribagh and thereafter an application was filed by the office bearers of the College for grant of recognition under the aforesaid Act. In the meantime, in 1985 again the College was shifted to Chandwara and it was renamed as Bharat Sewa Samiti Dwara Sanchalit Sita Ram Singh Sharirik Shikshan Prashikshan Mahavidyalaya, Chandwara. When the authority did not take any action in the matter of recognition the Petitioner came to this Court in C.W.J.C. No. 4545 of 1985 and this Court by order dated 29-11-1985 directed the Respondent-State and its officer to inspect the College in terms of the provisions of the Act and the Rules framed under Section 5 of the Act, known as Bihar Rajkiya Sharirik Prashikshan Tatha Arajkiya Shikshan Prashikshan Mahavidyalaya Niyantran Viniyaman Niyamawali, 1983. In pursuance of the aforesaid direction by this Court an inspection was held by the Regional Deputy Director of Education, Hazaribagh, under the provisions of the Rule and he submitted a report that the College fulfils the conditions. A copy of the said report has been annexed as Annexure-4 to the writ application. Another inspection report was submitted by Respondents No. 3 and 4, namely, the Director, Student and Youth Welfare, Department of Education, Bihar, Patna and the Principal, Government Health and Physical Training College, Rajendra Nagar, Patna, respectively, on 7-1-1987, vide Annexure-5, wherein they did not recommend the College for recognition. On the basis of the said report, the Addl. Secretary, Yuva Karya, Khel and Sanskritik Department, Bihar, Patna, by order dated 6-7-1987, communicated the decision of the State of Bihar rejecting the prayer to recognise the College, a copy of the said order has been annexed as Annexure-6 to the writ application. In the meantime, it appears that students of 1984-85 batch of the Petitioner-College filed an application in this Court for permission to appear in the examination, which is being C.W.J.C. No. 56/83. This Court allowed them to fill up Form and appear in the examination, entirely at their own risk.