HC rejects Bihar govtrsquos appeal justifying cancellation of affiliation to 212 schools

  • | Friday | 13th July, 2018

Patna: The Patna high court on Friday rejected state government’s appeal against a single bench judgement, which had set aside the decision of the Bihar School Examination Board BSEB ) to cancel affiliation of 212 school located across the state after the 'toppers scam' surfaced in year 2016.The division bench of Chief Justice Rajendra Menon and Justice Rajeev Ranjan Prasad, while hearing a batch of at least 50 petitions, upheld the part of judgement of Justice Chakradhari Sharan Singh delivered on August 24, last year, in which he had set aside the decision of the BSEB to cancel the affiliations and had termed it as illegal.The affiliations were granted by the committee of BSEB when Lalkeshwar Prasad Singh, as chairman, was at its helm. After Singh landed behind bars for his alleged involvement in the scam, Anand Kishor became chairman and soon after that, he issued orders for conducting physical inspections of the schools and served them notice that why not their affiliations be cancelled, citing lack of infrastructures and other facilities.The court, in its judgement, had said that the decision of cancellation of affiliation was taken by the chairman instead of the committee of the board which recommends for withdrawal or granting of affiliation.“There being no dispute that the matter was not placed before the committee, the impugned decisions of the board of withdrawing/cancelling the affiliations of the schools/colleges, which have approached this court in the present proceedings, are, accordingly, illegal and unsustainable and deserve to be set aside,” Justice Singh had ruled.Counsel Shama Sinha, representing 27 schools before the court, said that BSEB had cancelled affiliation of even those private schools citing lack of infrastructure, which were located in Maoist infested areas of state and where not a single government school or any other necessary infrastructures were present.“The court on Friday, only differed from the single bench’s judgement on the part that BSEB is supposed to take decision on its own to give time to the schools or not and court cannot direct it on this issue,” she added.

Patna: The Patna high court on Friday rejected state government’s appeal against a single bench judgement, which had set aside the decision of the Bihar School Examination Board BSEB ) to cancel affiliation of 212 school located across the state after the 'toppers scam' surfaced in year 2016.The division bench of Chief Justice Rajendra Menon and Justice Rajeev Ranjan Prasad, while hearing a batch of at least 50 petitions, upheld the part of judgement of Justice Chakradhari Sharan Singh delivered on August 24, last year, in which he had set aside the decision of the BSEB to cancel the affiliations and had termed it as illegal.The affiliations were granted by the committee of BSEB when Lalkeshwar Prasad Singh, as chairman, was at its helm. After Singh landed behind bars for his alleged involvement in the scam, Anand Kishor became chairman and soon after that, he issued orders for conducting physical inspections of the schools and served them notice that why not their affiliations be cancelled, citing lack of infrastructures and other facilities.The court, in its judgement, had said that the decision of cancellation of affiliation was taken by the chairman instead of the committee of the board which recommends for withdrawal or granting of affiliation.“There being no dispute that the matter was not placed before the committee, the impugned decisions of the board of withdrawing/cancelling the affiliations of the schools/colleges, which have approached this court in the present proceedings, are, accordingly, illegal and unsustainable and deserve to be set aside,” Justice Singh had ruled.Counsel Shama Sinha, representing 27 schools before the court, said that BSEB had cancelled affiliation of even those private schools citing lack of infrastructure, which were located in Maoist infested areas of state and where not a single government school or any other necessary infrastructures were present.“The court on Friday, only differed from the single bench’s judgement on the part that BSEB is supposed to take decision on its own to give time to the schools or not and court cannot direct it on this issue,” she added.

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