- (1.) HEARD counsel for the parties.
(2.) THE petitioner has sought quashing of the order dated 17th April 2007 (Annexure -14) passed by the Principal Secretary, Human Resources Development Department, Government of Jharkhand, by which the claim of the petitioner for declaration of Sardar Madho Singh Memorial Girls High School as minority institution, has been rejected. The instant case has a chequered history. This appears to be the fourth round of litigation. From the facts which are not in dispute, it appears that initially, a primary school was established in the year 1931 which was recognized as Punjabi Primary School in 1936 and was upgraded to upper primary school in 1952. In 1957, school was upgraded to middle school as Sardar Madho Singh Memorial Girls Middle School which was finally granted permanent recognition with effect from 1st January 1960 and subsequently, the said middle school was declared as religious minority institution vide Memo No. 1857 dated 11th July 1980 issued by the Director, Primary School, Government of Bihar, Patna. In the meantime, Sardar Madho Singh Memorial Girls Middle School was accorded recognition with effect from 1st January 1964 by the Secondary Education Board, Bihar, Patna. The petitioner thereafter started making his claim for declaration of the Sardar Madho Singh Memorial Girls High school as a minority institution. When no action was taken on such request, the petitioner filed a writ application being CWJC No. 2201/1989 (R) in which the State Government was directed to dispose of the claim of the petitioner vide order dated 6th December 1989 (Annexure -9). The order passed by the Director, Secondary Education, Bihar, Patna was challenged in CWJC No. 1311/1990 (R) before the Patna High Court which held vide judgment dated 8th March 1994 that it was the State Government which was required to decide the claim of the petitioner in terms of the provisions of the Bihar Non -Government (Taking Over of Management and Control) Act, 1981 while the matter had been decided by the Director. Accordingly, by the said judgment dated 8th March 1994, the State Government was directed to decide the claim of the petitioner. Thereafter, by order dated 22nd December 1995, claim of the petitioner was rejected by the State Government, which was challenged in CWJC No. 1401/1996 (R). Once again, vide order dated 7th July 2003, this court remanded the matter to the concerned authority of the State of Jharkhand to reconsider the matter afresh within a stipulated period as the court found that the order had been passed without affording any opportunity to the petitioner (Annexure -13). The present impugned order dated 17th April 2007 has been passed consequent thereto.
(3.) COUNSEL for the petitioner has however assailed the impugned order on the ground that though, respondents have made out a case that the said school was taken over under the provisions of the Act of 1981, but the said process of taking over was not done in accordance with law in the sense that the assets of the said institution still lies with the petitioner society. However, it is not in dispute that the taking over the said Girls High School under the provisions of the Act of 1981 was never challenged by the petitioner till date.;