The court affirmed that compliance with statutory requirements for educational institution affiliation is mandatory and cannot be waived, even for minority institutions, emphasizing that violations cannot be justified by alleged unequal treatment of others.

JUDGMENT :

HARISH KUMAR, J.

Heard Mr. Purushottam Kumar Jha, along with Mr. Avanindra Kumar Jha, learned Advocate for the petitioners, learned Standing Counsel No. 16 and Government Pleader No. 23 for the State and Mr. Siddhartha Prasad, learned Advocate for the Bihar School Examination Board (for short ‘the BSEB’).

2. The school, represented through its Secretary in CWJC No. 12304 of 2021, is aggrieved with the letter no. BSEB (SS) Coll-Estab/806/D-2021 dated 14.06.2021 issued by the respondent-Director (Academic), BSEB, whereby the recognition and affiliation, including code of the petitioner- school (Secondary Code 71102 and Higher Secondary Code 17011) has been cancelled.

3. The petitioners in CWJC No. 13142 of 2023 are the teaching and non-teaching employees of the school, who have preferred the writ petition for a direction upon the concerned respondents to make the payment of monthly salary, which has been withheld by the District Education Officer, Patna, from the month of June 2021.

4. Since the order of de-affiliation of the school, in question, is under challenge in CWJC No. 12304 of 2021, and the claim of the petitioners in CWJC No. 13142 of 2024 is dependent upon the outcome of the afore-noted writ petition, hence, both the matters are being heard together and disposed off by this common order.

5. The facts of the case briefly stated are that the school in question, namely Dr. Zakir Hussain High School, Sultanganj, Patna, was established on 06.01.1970. Subsequently, under the provisions of the Society Registration Act , “Dr. Zakir Hussain Millat Memorial Education Society” was registered on 29.06.1978. Further, under the order of the Hon’ble Governor of Bihar, the Department of Education, Government of Bihar, vide Memo No. 1999 dated 02.10.1980, had acquired 2860 Non- Government Secondary Schools in the State of Bihar, including the present school with effect from 02.10.1980. It is the specific case of the petitioner that before conferring the status of Government-Aided Minority School to the school in hand, the matter was placed before the Hon’ble State Education Minister, who recommended affiliation of the school by waiving the condition of land and building. Based upon said decision of the Hon’ble Education Minister, the Director, Secondary Education, Government of Bihar, Patna, vide Memo No. 10235-44 dated 19.04.1983, conferred the status of minority school, and thereby the services of teaching and non-teaching employees of the said school have been granted approval. Upon grant of approval by the State Government of Bihar, the authorities concerned of the Education Department started making payment of salary to the teaching and non-teaching employees of the school in the regular pay scale till May 2021. It is further contended that during the interregnum period, vide Memo No. 648 dated 03.09.1991, the then Director, Secondary Education, Government of Bihar, Patna, has granted permission to the school in hand to impart teaching of +2 students in Arts, Science, and Commerce from the session 1991-1992. Accordingly, the school had been authorized to admit 100 students in Arts, 75 students in Science, and 50 students in Commerce.

6. Notwithstanding the aforesaid facts, which are not in dispute; on 06.04.2021, the BSEB received a complaint against the school, which led to the constitution of a Three- Member Enquiry Committee. On 10.04.2021, the Committee visited the school, however, the Principal of the said school could not provide the required documents and requested more time. The Director (Academic), BSEB, under Memo No. 302 dated 13.04.2021, allowed one week's time to the Secretary of the school. De