Patna High Court - Orders
Pandit Chintaman Jha Chandi Si vs The State Of Bihar & Ors on 18 June, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6837 of 2009
THE MANAGING COMMITTEE OF DR.JAGGANNATH
SANSKRIT MADHYA-SAH-UCHHA VIDYALAYA SARISAV
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6838 of 2009
BALDEO SANSKRIT HIGH SCHOOL
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6839 of 2009
RAM CHANDRA SINGH SANSKRIT PRATHMIK
CUM HIGH SCHOOL
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6840 of 2009
THE MANAGING COMMITTEE & ORS
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6841 of 2009
THE MANAGING COMMITTEE OF RAMJEE LAL KUAR
SANSKRIT UCHHA VIDYALAYA
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6842 of 2009
NISHA RANI & ORS
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6843 of 2009
THE MANAGING COMMITTEE OF HARI NANDAN
SMARAK SANSKRIT UCHHAYA VIDYALAYA
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6845 of 2009
DHRUW KISHORE MAHTO & ORS
Versus
THE STATE OF BIHAR & ORS
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with
CWJC No.6846 of 2009
THE MANAGING COMMITTEE
OF RAMESHWER PRATHMIK
SAH UCHHA SANSKRIT
VIDYALAYA
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6847 of 2009
THE MANAGING COMMITTEE
OF RAMESHERSANJHA SANSKRIT
UCHHA VIDYALAYA
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6850 of 2009
JAI PRAKASH SINGH & ANR
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6851 of 2009
RAM DINESH KUMAR
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6852 of 2009
THE MANAGING COMMITTEE
OF SATYA NARAYAN
JANARDAN SANSKRIT
UCHHA VIDYALAYA
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6854 of 2009
PANDIT CHINTAMAN JHA
CHANDI SINGH SANSKRIT
HIGH SCHOOL
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6855 of 2009
SHRI DHODHNATH PRIMARY
3
CUM&ORS
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6856 of 2009
SHRI SITA RAM PRIMARY CUM
SANSKRIT HIGH SCHOOL
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6857 of 2009
SHRI RAMSEVAK SINGH YADAV
SANSKRIT HIGH SCHOOL
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6858 of 2009
MANIK CHAND SANSKRIT
HIGH SCHOOL
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6859 of 2009
RAM NARAYAN PRIMARY
CUM SANSKRIT HIGH SCHOOL
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6860 of 2009
VEDANAND JHA SANSKRIT PRIMARY
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6861 of 2009
YOGENDRA PRASAD SINGH
SANSKRIT PRIMARY
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6863 of 2009
LAXMAN THAKUR
Versus
THE STATE OF BIHAR & ORS
with
4
CWJC No.6864 of 2009
RAMESHWAR THAKUR
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6865 of 2009
THE MANAGING COMMITTEE OF SANT
BINDESHWERI JAIMALA SANSKRIT
PRATHAMIK-SAH-MADHYAMIK VIDYALAYA
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6866 of 2009
SANSKRIT HIGH SCHOOL SAHASI &O
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6867 of 2009
SHIV SAGAR PRIMARY CUM HIGH SCHOOL
Versus
THE STATE OF BIHAR & ORS
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02/ 18.06.2009Heard learned counsel for the petitioners and learned counsel for the State as well as learned counsel for the Bihar Sanskrit Siksha Board.
These writ petitions relate to the issue of acceptance of fees and forms from the students of the schools in question intending to appear at the Madhyama Examination, 2009.
The grievance of the petitioners of all the cases is that the schools have been running since long and the Board has been accepting their fees and forms for long years but now it has refused to accept the fees and forms for the first time. Learned counsel for the petitioners has relied upon a decision of this court taken in 5 C.W.J.C. No.19118 of 2008 from which it is quite apparent that the Board had itself agreed to accept the fees and forms for the Examination 2009 only. Learned counsel for the petitioners has also produced a copy of order dated 27.05.2009, which was passed by a Vacation Bench in C.W.J.C. No.6779 of 2009.
Learned counsel for the petitioners as well as learned counsel for the Board and learned counsel for the State submit that the last date of submission of fees and forms has been extended to 22nd of June, 2009. Today learned counsel for the Board submits that he has got instructions from the Board that it had agreed to accept the fees and forms of 2009 Examination. He has agreed in C.W.J.C. No.19118 of 2008 to accept the fees and forms of 2009 Examination only, presently also the Board is willing to accept the fees and forms of the institutions concerned for the examination of 2009 only subject to the condition prescribed in order dated 28.05.2009 passed in C.W.J.C. No.2260 of 2009 and others that the Board has a right to scrutinize the said forms to satisfy itself whether the individual petitioners were similarly situated on facts as in the earlier writ petitions. In the said circumstances let the Board accept the fees and forms of all the students of the petitioners institutions except for those persons whose cases have already been dismissed by this court, if such fees and forms are filed within the aforesaid date fixed.
Put up these matters for final disposal immediately after summer vacation within first five cases.
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Let a copy of this order be handed over to learned counsel for the Board for necessary steps.
harish/ ( S.N.Hussain, J)