GANGESHWAR PRASAD SHARMA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present intra court Appeal under Clause-X of the Letters Patent of Patna High Court has been filed assailing the order dated 22nd Aug., 2013 passed by the learned Single Bench by which C.W.J.C. No. 16528 of 2012, filed by the appellant has been dismissed.

(3.) The appellant claims to be the Incharge Headmaster of High School Kotwapatti, Rampur in the district of Saran (hereinafter referred to as the 'School'), which is claimed to have been established in the year 1982. In the year 1993, the Deputy Director, Secondary Education, Bihar, Patna wrote to the Secretary of the School by letter No. 2863 dated 27.07.1993 calling for details as per Sec. 19 of The Bihar Non-Government Secondary Schools (Taking Over of Control and Management) Act, 1981 (hereinafter referred to as the 'Act'). It appears that the School was also inspected in the meantime. However, no order granting permission to establish was passed in favour of the School. The appellant, thus, moved before this Court in C.W.J.C. No. 18522 of 2011, which was disposed off on 25.11.2011 directing the Director, Secondary Education, Government of Bihar to dispose off the claim of the petitioner within a period of three months. Pursuant thereto, the Director, Secondary Education passed order dated 08.06.2012 contained in Memo No. 534 (Vidhi) dated 22.06.2012, rejecting the claim of the School for permission to establish. The appellant being aggrieved by the same moved before the learned Single Bench in C.W.J.C. No. 16528 of 2011 and the order dated 22.08.2013 dismissing the writ petition is under challenge in the present Letters Patent Appeal.