- (1.) Heard learned counsel for the parties. This petitioner-school has come before this Court seeking quashing the present impugned order dated 22.11.2006 passed by the respondent no. 2, the Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi vide memo no. 4193 dated 19.12.2006 by which an application for recognition of petitioner school has been rejected.
(2.) The contention of the petitioner is that the impugned order has been passed relying upon the notification no. 2501 dated 31.12.1982 for denying recognition of school although, the Division Bench of the Patna High Court in C.W.J.C. No. 1021/1991(R) categorically held vide order dated 9.10.1998 (Annexure-7) that the notification shall not apply to the petitioner school as it is not retrospective in nature while the school was established in the year 1969 itself. It is further submitted that when the Division Bench of this Court directed the respondents to reconsider the matter by the aforesaid judgment, whereinafter a decision was taken by the Additional Secretary, Government of Bihar, Department of Secondary, Primary & Adult Education, Bihar, Patna rejecting the said application of the petitioner (order contained at Annexure-8) dated 8.1.2001, which was challenged before this Court by filing writ petition being CWJC No. 2084 of 2001 in which vide order dated 11.5.2001 learned Single Judge set aside the order dated 8.1.2001 remitting the matter to the competent authority for decision as the authority falling under the successor State of Bihar had no jurisdiction to pass such an order in relation to school falling the territory of Jharkhand. It was also indicated in the said order that the order passed by the Division Bench in CWJC No. 1021 of 1991(R) is also to be taken into account while passing the reasoned order. It is submitted that after the application was made, respondent no. 3 directed the respondent no. 5 to conduct enquiry and thereafter, respondent no. 5, the District Superintendent of Education, Palamau has favourably recommended for recognition of the petitioner school vide order dated 2.5.2006 (Annexure-12). However, respondent no. 2 the Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi once again proceeded to reject the application in a cryptic manner without application of mind by recording that petitioner school does not fulfill the eligibility condition prescribed under Notification No. 2501 dated 31.12.1982. It is submitted on behalf of the petitioner that the impugned order passed by the respondent no. 2 again, taking into account the circular, which is categorically held to be non-applicable to the petitioner school in the judgment delivered by the Division Bench on 9.10.1998 is unsustainable in law as well as on facts.
(3.) Learned counsel for the respondent, on the basis of averment made in the counter affidavit, submits that the recognition of the said school has been refused as it did not fulfill the criteria as per the Bihar Primary and Middle Education Rules, 1961 and as such, this application has been rejected by the impugned order. It is again reiterated on the basis of the averments made in the counter affidavit that the petitioner is at liberty to apply again if the criteria laid down in Memo No. 2501 dated 31.12.1982 is fulfilled.;