LAWS(PAT)-2017-8-194

UCCHATAR MADHYAMIK SCHOOL Vs. STATE OF BIHAR, THROUGH PRINCIPAL SECRETARY, EDUCATION DEPARTMENT GOVERNMENT OF BIHAR

Decided On August 24, 2017
Ucchatar Madhyamik School Appellant
V/S
State Of Bihar, Through Principal Secretary, Education Department Government Of Bihar Respondents

JUDGEMENT

(1.) Since this batch of writ applications, filed under Article 226 of the Constitution of India, involve common legal issues for judicial determination and grounds of attack against the impugned action of the Bihar School Examination Board (hereinafter referred to as the Board) are almost identical, the matters have been heard together with the consent of the parties and are being disposed of by present common judgment and order.

(2.) Certain Schools, privately managed, were granted affiliation by the Board for preparing the students for Secondary (Class 10) and Senior Secondary Schools (Class 12) Certificate Examination of the Board. The Schools, which impart education for preparing students up to Class 10, are known as "Secondary Schools" and those imparting education up to Class 12 are known as "Senior Secondary Schools", within the meaning of Bihar School Examination Board (Senior Secondary) Affiliations Regulations, 2013 (hereinafter referred to as the Regulations).

(3.) These applications have been filed either by such Senior Secondary/Secondary Schools or the Trusts managing the said Schools. They are aggrieved by respective orders passed by the Board in purported exercise of the power of withdrawal of affiliation under Regulation 15 of the Regulations, whereby their affiliations have been withdrawn/ cancelled.