- (1.) HEARD learned counsel for the parties. The petitionerschool has come before this Court for seeking a direction upon the respondents to grant it minority status. According to the petitioner, the said school is running since 1972 and imparting education to the members largely belonging to the minority community in the said locality where it is situated as per the syllabus prescribed by the Government, for which it was granted temporary recognition by office order dated 231st March, 1974 (Annexure1). It is the contention of the petitioner that its application for being declared as religious and linguistic minority school was made vide Annexure3 dated 1st October, 1992 and as per the decision of the District Establishment Committee, the D.S.E. Dhanbadcum Bokaro was directed to forward the application of the petitioner to the competent authority. Vide Annexure5 dated 8th March, 1994, the D.S.E. DhanbadcumBokaro forwarded the application through Regional Deputy Director, North Chhotanagpur, Hazaribagh to the competent authority i.e. Director, Primary Education, Bihar, while Annexure6 was issued in furtherance thereof by the Regional Deputy Director of Education dated 12th July, 1994 to the Director, Primary Education. Thereafter, the correspondences took place between the office of the Deputy Director, Primary Education and the D.S.E., DhanbadcumBokaro, but finding no positive results, the petitioner represented before the Director, Primary Education, Jharkhand for taking a decision in the matter of declaration of minority status of the school vide his letter dated 30th July, 2001 (Annexure8). Again the petitioner was directed to submit documents and according to the petitioner they were complied with. It is submitted on behalf of the counsel for the petitioner that the respondents have not yet taken any decision over the matter and affidavit has only been filed on behalf of the D.S.E., Dhanbadcum Bokaro, wherein it has been stated at paragraph 7 that the matter is pending before the Director, Primary Education, Jharkhand, Ranchi.
(2.) LEARNED counsel for the petitioner, therefore, submits that the petitionerschool has a right to be considered for being declared as a religious and linguistic minority school to which it is entitled keeping into account the relevant factors and criteria as are required by the RespondentsState. In these circumstances learned counsel for the petitioner has submitted that the respondent no.3, Director, Primary Education, Human Resources Development Department, Government of Jharkhand, be directed to take an appropriate decision on the application of the petitioner, as no final decision has been taken till date. Learned counsel for the RespondentsState, on the other hand, relying upon the affidavit of the respondent no.5 submits that the petitionerschool have been making a claim on the basis of a temporary recognition issued in the year 1974 and there is a minority school existing within a distance of 100 meters from the present school itself. However, it does not appear that any final decision either way has been taken by the competent authority on the application of the petitioner to claim religious and linguistic minority status as per which the petitioner may be entitled to the benefits as are permissible under the fundamental rights guaranteed under the Constitution. I have heard learned counsel for the parties and gone through the relevant materials on record. It appears that especially the respondent no.3 has not arrived at any decision on the application of the petitioner for declaration as a minority school although the correspondences on the application of the petitioner has been taking place since long. In these circumstances, the petitioner is permitted to approach the respondent no.3, Director, Primary Education, Human Resources Development Department together with all supporting facts and necessary documents within a period of 3 weeks in respect of its claim for declaration as a religious and linguistic minority school. In case, such a representation is being made before the respondent no.3, Director, Primary Education, Human Resources Development Department, he shall consider the same in accordance with law and circulars of the RespondentsState and take an informed decision in respect of the said claim within a period of 12 weeks thereafter by passing a reasoned and speaking order, which shall also be communicated to the petitioner. With the aforesaid observations/directions, this writ application stands disposed of.;