GIRJA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) WE have perused the counter affidavit filed on behalf of State sworn by the Principal Secretary, Human Resources Development Department, Government of Bihar as well as the counter affidavit filed on behalf of Respondents No. 4 and 5 sworn by Secretary, Bihar Sanskrit Shiksha Board. From the stand of the State, it is clear that students of unrecognized Sanskrit Schools are not permitted to take Madhyama examination being conducted by the Sanskrit Shiksha Board. On the other hand, the counter affidavit of Sanskrit Shiksha Board filed in context of our order dated 2.7.2009 highlighting contrary stand of Board in different writ petitions, it has been virtually admitted that in the past years students of unrecognized schools have been permitted to take such examination and this year also no attempt was made to prefer any appeal etc. against various orders passed in some writ cases directing Sanskrit Shiksha Board to allow students of unrecognized schools to take the examinations.

(3.) IN our view the stand of the State, prima facie, appears to be correct in law. Ultimately, the Sanskrit Shiksha Board has also taken same stand in its counter affidavit but it has chosen not to prefer appeal against some orders passed in writ cases in respect of the examination of 2009 which is scheduled to commence from 21st of July, 2009.