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Patna HC directed to file representation in plea against unregistered school

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Patna High Court CWJC No.4037 of 2021 dt.01-11-2021 Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned plea consider and dispose it of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order.

Petitioner sought for writ commanding the state of Bihar and its authorities to close down the Unregistered Schools under the District of Gopalganj as early as possible, which are running without obtaining Certificate of Recognition under Provision of section 18 of the Right to Children Act 2009 and Rule made there under in accordance with Law and to take proper actions against such Unregistered Schools and its Managing Committee, concerned authorities concerned to follow the RTE 2009 norms and standards while granting a registration to a school.

The writ petitions before us are not inter parties disputes and have been raised by way of public interest litigation and the controversy before the court is as to whether for social safety and for creating a hazardless environment for the people to live in, mining in the area should be permitted or stopped. We may not be taken to have said that for public interest litigations, Patna High Court CWJC No.4037 of 2021 dt.01-11-2021 procedural laws do not apply. At the same time it has to be remembered that every technicality in the procedural law is not available as a defence when a matter of grave public importance is for consideration before the court.

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Respondent arguments

respondent states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order. Statement accepted and taken on record. Petitioner shall approach the Respondent No. 7 namely the District Education Officer, Gopalganj within a period of four weeks from today by filing a representation for redressal of the grievance(s). The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months from the date of its filing along with a copy of this order Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.  Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law. We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before Patna High Court CWJC No.4037 of 2021 dt.01-11-2021 6/6 the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action. We have not expressed any opinion on merits. All issues are left open. The proceedings, during the time of current Pandemic Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person that is physical mode.

Court held

Petitioner shall approach the Respondent No. 7 namely the District Education Officer, Gopalganj within a period of four weeks from today by filing a representation for redressal of the grievance. The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months from the date of its filing along with a copy of this order. Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law. The Court was hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before Patna High Court CWJC No.4037 of 2021 dt.01-11-2021 the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action. We have not expressed any opinion on merits. All issues are left open. The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person that is physical mode

The petition stands disposed of in the aforesaid terms.

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