Court declines direct mandamus, directs fresh application before Bihar Sanskrit Shiksha Board for decision under Rule 5 of the 1993 Rules
Patna, Sept. 10, 2026: The Patna High Court has held that recognition of a non-government Sanskrit school in Bihar must be considered strictly in accordance with Rule 5 of the Bihar Non-Government Sanskrit Schools (Conditions for Recognition) Rules, 1993, which requires a report and recommendation from the concerned District Magistrate.
Justice Harish Kumar passed the order while disposing of two connected writ petitions filed by teaching and non-teaching employees of Jhotan Anant Sanskrit High School, Madhubani, who had sought a direction for grant of recognition to the school. The petitioners contended that the school had already applied for recognition in 2014 with the necessary documents and that a report from the District Programme Officer had found the school eligible for recognition. They argued that despite this, recognition had not been granted.
The State and the Bihar Sanskrit Shiksha Board opposed the plea, submitting that the 1993 Rules make the District Magistrate the competent authority for inspection and recommendation. The Board maintained that a report from the District Programme Officer cannot substitute the mandatory report of the District Magistrate.
Accepting this position, the Court observed that Rule 5 clearly requires consideration of the recognition application on the basis of the District Magistrate’s report and recommendation. Since the report on record was not from the competent authority under the Rules, the Court declined to issue a direct order granting recognition.
Instead, the Court directed the petitioners to file a fresh application along with all requisite documents before the Secretary of the Bihar Sanskrit Shiksha Board within four weeks. The Secretary has been asked to call for a report from the District Magistrate, Madhubani, and then have the competent authority decide the claim in accordance with law and the applicable rules.
The Court further directed that the entire exercise should be completed preferably within three months from the date of receipt of the fresh application.
Bottom Line :
Recognition of non-government Sanskrit school - Under Bihar Non-Government Sanskrit Schools (Conditions for Recognition) Rules, 1993, report/recommendation of concerned District Magistrate is mandatory for consideration of application for recognition - Report of District Programme Officer cannot be treated as report of competent authority under Rules - Petitioners directed to file fresh application before Secretary of Board, who shall obtain District Magistrate's report and decide claim within stipulated time.
Statutory provision(s): Bihar Non-Government Sanskrit Schools (Conditions for Recognition) Rules, 1993, Rule 5
Priyanka Kumari v. State of Bihar, (Patna) : Law Finder Doc id # 2987141
