TAPEN SEN, J. - (1.) IN this Writ Application, the petitioner has prayed for quashing of the order dated 12.3.1998 issued by the respondent No. 3 whereby and whereunder his demand for taking over the School in question has been rejected and it has been ordered that if they apply for recognition of the School as a proprietory School, the same may be considered. The petitioner has further prayed for a direction upon the respondents for reconsidering the matter as, according to him, the school has fulfilled all conditions as far back as in the year 1991. They have further prayed for passing a final order in relation to the taking over of the School retrospectively as an exceptional case.
(2.) THE petitioner is Secretary of the Siksha Niketan High School, Railway Colony, Hatia, Ranchi. He applied for the establishment of the School and by order dated 20.1.1982, the Director, Secondary Education granted permission under Section 3 (3) of the Bihar Non -Government Secondary Schools (Taking Over) Act, 1980 to establish the School with certain terms and conditions vide Annexure 1. The petitioner has stated that the School was initially started in the year 1972 and it was established in the School Building and since then it is running peacefully. On 13.1.1983 a Special Committee inspected and submitted an inspection report on 24.5.1983 (Annexure 2) and from the report, the petitioner has stated that it would appear that save and except land and building, almost all conditions were fulfilled. Accordingly, recommendation was made to make correspondence with the Divisional Railway Manager for transfer of the land and the building so as to enable the Government to take over the School. On 23.5.1987 the Deputy Director directed the Regional Deputy Director of Education to submit lease deed and accordingly, on the same date, i.e., 23.5.1987, the letter was issued enclosing there in the agreement and also contained information that the Government had already given permission. This letter dated 23.5.1987 is Annexure 3.
(3.) CONSEQUENTLY , on 20.12.1991, an agreement was duly signed for purposes of creating licence of railway land and building in favour of the Education Department, Government of Bihar and for purposes of enabling its being taken over. The aforementioned agreement executed on 25.12.1991 between the Railways and the Regional Deputy Director of Education, South Chhotanagpur Division is Annexure 4.;