S. Chandrashekhar, J. - (1.) AGGRIEVED by recommendation of Allam Commission for cancellation of approval to the petitioner -school, the present writ petition has been filed. In the writ petition it is stated that the petitioner -school is running since, 1985 in a building constructed by the Building Construction Department. The name of the petitioner -school appears at serial No. 5 in the list furnished through letter dated 18 -9 -2002 to the Secretary, Jharkhand Secondary Examination Council. The Allam Commission recommended cancellation of approval to the petitioner -school on the ground that the mutation for the land on which the school is situated has not been done and the school building is still under construction and there is no infrastructural facilities. The petitioner has stated that it is the duty of the Government to construct the school building however, the Government did not take any initiative for the completion of the building of the school. The petitioner took steps for mutation however, the proceeding is still pending. It is stated that the school is situated in a tribal area and the school is trying to attract the tribal children for education and there is gradual increase in the number of students.
(2.) THE learned counsel for the petitioner submits that, though no notice was served to the petitioner -school, when it came to the notice of the petitioner that the Commission has required the school to produce documents, the petitioner provided the documents however, the same has not been considered by the Commission and therefore, a direction may be issued to the Commission to consider the documents furnished by the petitioner. The relevant extract of proceeding with respect to the petitioner -school has been produced on record as Annexure -3 to the writ petition. A perusal of the same indicates that the building of the school is not fit for use and other infrastructural facilities are also not available in the school. It is mentioned that there is no facility for drinking water, toilet, furniture, library, etc. in the school. It is further indicated that the mutation for the land of the school has not been done. Though, 4 bigha 8 katha land was gifted to the Governor of Bihar, the rent receipt is issued in the name of donor. The school consists of four rooms which are not completely constructed. In the letter dated 19 -9 -2013 written by the Headmistress of the school to the Director -cum -Special Secretary, it is stated that furniture in the school were provided vide letter dated 18 -3 -1991. It is stated that fund was allotted for construction of building in the year, 1985 however, due to technical reasons the building is not complete. It is thus, admitted by the school that in the last 30 years, the school building is partly constructed. What steps were taken by the school for completion of building have not been disclosed in the writ petition. According to the school, the furniture were supplied in the year, 1991. It is unimaginable that the school is functioning with those furniture even after about 25 years. The school is a girls school and there is no toilet facility in the school. I am of the opinion that without rectifying the defects as indicated by the Allam Commission, the petitioner -school cannot be permitted to continue with its approval. Considering the above facts. I find no merit and accordingly, the writ petition is dismissed.;