Padma Lochan Gope and Another vs State of Bihar and Others

Tapen Sen, J.—Heard Mrs. M.M. Pal, learned counsel for the petitioner and Mrs. Indrani Sen Choudhary, learned counsel for the respondents.

While on the one hand petitioners assert that the school in question has all the necessary infrastructure and is also a school which had been given due approval by the Government, the counter affidavit on the other hand, asserts that the school does not have land, building, furniture, library etc. The counter affidavit further asserts that the school does not have any authorisation/permission under which they can be allowed to run the school in question.

The aforesaid rival contentions of the parties, perhaps, are in the nature of serious disputed questions of fact. In an application under Article 226 of the Constitution of India, this Court is unable, therefore, to entertain this writ application. However, taking into consideration the fact that the petitioners assertion, right from the beginning, has been that they have been running the school in the interest of the students in question and also in the interest of the area where the school is said to be running, this Court gives liberty to the petitioner to move a representation before the Deputy Commissioner, Singhbhum West within a period of four weeks from today. Upon receipt of such representation the Deputy Commissioner shall make all necessary enquiry, even if it means holding of an on-the-spot enquiry. He will verify all the records and look into the grievances of the petitioner and if he is satisfied that what the petitioners have asserted is corrected, then in that event, he would forthwith transmit his report to the appropriate authority in the Education Department for doing the needful in accordance with law. The findings of the Deputy Commissioner should be communicated to the petitioner within a period of six months from the date of receipt of the representation indicated above and the appropriate authority shall pass a final order within a period of four months, from the date of receipt of the report from the Deputy Commissioner.

Let a copy of this order be given to Mrs. Indrani Sen Choudhary, learned counsel for the respondents.

With the above mentioned observations, this writ application is disposed off. However, there shall be no order as to costs.