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Judgment
Being aggrieved with the order dated 15.03.2018 whereby and whereunder the establishment of the school in question has been cancelled with
immediate effect, the petitioner has approached this Court. The grounds for cancellation is stipulated in Annexure-1 which are:
(i) The teaching/non-teaching staffs are below standard,
(ii) There is no boundary wall in th school, and
(iii) There is no electricity arrangement in the aforesaid school.
Based upon these grounds, the decision has been taken by the authority in not according sanction to the school which is impugned in this writ petition
Learned counsel for the petitioner has submitted that there is no provision in the statute that once the sanction having been accorded, the institution
will cease to get sanction for all time to come. He submits that after the decision having been taken on 15.03.2018 (impugned order), the petitioner has
fulfilled all the required conditions as stipulated in Annexure-1 and to that effect appropriate communication has been made by virtue of Annexure-4
dated 06.04.2018 which has duly been received in the office of the sanctioning authority and therefore, it has been submitted that the matter requires
afresh consideration by the authority.
Learned counsel appearing for the respondent State as also the Jharkhand Academic Council have sought for time to file counter affidavit, but this
Court is of the view that since the petitioner has made a representation on 06.04.2018 trying to satisfy the authority for fulfilling all the conditions
stipulated in Annexure-1, therefore, the matter requires to be considered afresh by the competent authority and hence, the matter needs to be referred
before it and therefore, keeping the matter pending will not serve the purpose mainly for the reason that learned counsel for the petitioner has
submitted that there is question of involvement of 600 students studying in the school and the decision is to be taken by the authority afresh, as such,
this writ petition is disposed of directing the Secretary, Jharkhand Academic Council, Ranchi to take a fresh decision in view of the contention of the
petitioner making out a case for fulfillment of all the conditions required for getting sanction for establishment of the school as per the statutory
provision. The concerned authority is directed to take decision within a period of thee weeks from the date or receipt of a copy of this order.
Accordingly, this writ petition stands disposed of.