ANANT KUMAR JAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

(2.) The petitioner is aggrieved by the decision of the respondent-Director, Primary Education, contained in memo No. 1190 dated 8.12.2017, Annexurer-6 to the writ petition by which he has rejected the claim of the petitioner. The order was passed pursuant to the direction issued on 3.5.2017 by this Court in CWJC No. 3800 of 2016. After the order of the Writ Court, the matter was examined by the Director, Primary Education. The Director Primary Education considered the report contained in letter No. 1546 dated 2.11.2017 and the document submitted by the petitioner in connection with the same. The Director has noted that as prescribed under the Rules, the land should have been registered in the name of the school or it should have been registered in the name of Governor of Bihar, but it is recorded in the name of Anant Kumar Jain, Secretary of the School. The second objection was noted that there is no evidence that in the past the petitioner has claimed for minority status. The third objection was that the institution was not recommended by the District Planning Committee and the fourth objection noted by the Director was that as per the rules for grant of minority Status the institution was required first to obtain recommendation of the District Elementary School Committee and thereafter the proposal must go through the Regional Deputy Director of Education of the State Government but the same was not done in the present case and on these grounds the Director, Primary Education has rejected the claim of the petitioner

(3.) On consideration of the submissions made on behalf of the parties and different documents annexed in support of their claim for the purpose of considering the validity of the order under challenge, the Court is required to test the decision of the Director, Primary Education for rejecting the claim.