Fakira Mahton v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4127 of 2017 ====================================================== Fakira Mahton, S/o Late Govind Mahton, Village - Madarpur, P.O. Bhobhi, Distt. - Nalanda ... ... Petitioner/s

Versus

1. The Government of Bihar through its Principal Secretary Govt. of Bihar, Patna

2. The Principal Secretary, Department of Education, Bihar, Patna

3. The Chairman, Sanskrit Shiksha Board, Bihar, Patna

4. The Secretary, Sanskrit Shiksha Board, Bihar, Patna

5. The Special Director, Secondary Education, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh For the Respondent/s :

Mr. Narendra Kumar, AC to GP-20 For the Board : Mr. S. S. Sundram CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-01-2018 Heard learned counsel for the parties.

2. In what capacity the petitioner has approached this Court is not evident from the pleadings on record.

3. Learned counsel for the petitioner submits that the petitioner is an office bearer of the Governing Body of Nari Gyan Bharti Sanskrit Uccha Vidalayay, Bhartigram, Nalanda. There is no such statement in the writ application.

Patna High Court CWJC No.4127 of 2017(3) dt.10-01-2018 2/3

4. An objection has been taken on behalf of the learned counsel appearing on behalf of the Board over maintainability of the writ application on the point of locus standi of the petitioner.

5. The petitioner impugns an order, dated 21.10.2014, which appears to have been passed in compliance of the decision of this Court rendered on 27.03.2014, in CWJC No. 15982 of 2010 ( Chhotelal Singh Vs. State of Bihar and others). It is his case that though the petitioner is not concerned with the claim of the individual teachers decided by the impugned order, he has only grievance in respect of sanctioned strength of the teachers in the School, which ought to have been in the light of an earlier decision of this Court rendered on 16.09.2010 in CWJC No. 216 of 1998 and other analogous cases ( Deo Shankar Jha vs. State of Bihar and others).

6. Be that as it may, since the petitioner has not been able to satisfy this Court on the question of locus standi, I am not inclined to entertain this application on merits.

7. The petitioner may, however, raise his grievance before appropriate forum on the question of the sanctioned strength of the School in question, if according to him, he genuinely represents the Schools in question in any capacity of being the

Patna High Court CWJC No.4127 of 2017(3) dt.10-01-2018 3/3 office bearer of the Governing Body of the said School.

8. This application stands disposed of.

(Chakradhari Sharan Singh, J) arun/- U