St. Mary's Middle School vs The State of Jharkhand and Others

R.K. Merathia, J.—Mr. Sumeet Gadodia, learned Counsel appearing for the Petitioner submitted that an order similar to the order dated 12/03/2010, passed in W.P.C. No. 5530 of 2009 alongwith analogous cases (Annexure-5) may be passed in this case also.

Mr. R. Mukhopadhyay, learned Counsel appearing for the State could not dispute this position.

Accordingly, the following order is being passed:

It is submitted that the District Superintendent of Education, Latehar, has already recommended the case of the Petitioner for grant of recognition/status of religious minority institution by letter No. 58 dated 21/01/2008. It is further submitted that similarly situated other school namely, St. Paul Middle School, Bhaluka, District West Singhbhum has been granted recognition, but Petitioner has not received any communication in this regard.

State counsel submitted that in the absence of counter affidavit, he is not in a position to accept or controvert the submission of the Petitioners. However, the matter will be looked into.

In the circumstances, Petitioner is permitted to make a fresh representation before Principal Secretary, HRD Department, Ranchi Respondent No. 1 and the Director, HRD, Department, Ranchi Respondent No. 2, who will pass a reasoned order in accordance with law on the application of the Petitioner for grant of recognition/status of religious minority institution, as early as possible and preferably within a period of four weeks from the date of receipt/ production of a copy of this order.

It is made clear that this Court has not gone into the merits of the case of the Petitioner.

With these observations and directions, this writ petition stands disposed of.