PRAMOD KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, Secretary of one M.M. Institute of Physical Education, Sasaram, has challenged the order dated 2nd May, 1996 issued by Secretary, Arts, Culture & Youth Department, Govt. of Bihar. By the impugned order, the Respondents have rejected the claim of the petitioner to recognise the Institute, in question.

(2.) ACCORDING to the petitioner, the impugned order has been passed by the Respondents without hearing the petitioner or any member of the Managing Committee of the Institute, which is against the law laid down by a Full Bench of this court in Rahmania Primary Teachers Training College's case, reported in 1991 (1) PLJR 595. He further relied on certain statements made in Paras 14, 15 and 16 of the writ petition, which have not been denied by the Respondents in their counter affidavit.

(3.) THE counsel for the State relied on their counter affidavit add Annexure -1 attached thereto. According to the respondents, the Institute, in question, was inspected by a Team on 9th April, 1996 and the petitioner and the members of the Managing Committee were given opportunity to submit documents in favour of the Institute, which were submitted on 17th April, 1996. Subsequently, as the Committee found that the Institute does not fulfil all the criteria for recognition, the impugned order dated 2nd May, 1996 (Annexure -1) has been issued.