Birendra Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3257 of 2019 ====================================================== Birendra Sharma Son of Late Bindeshwar Sharma Resident of VillageChainpura, Police Station-Parasbigha in the District of Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna 2.

The Principal Secretary, Department of Education Government of Bihar, Patna Bihar 3.

The Director, Secondary Education, Government of Bihar Patna 4.

The District Magistrate-Cum-Collector, Jehanabad Bihar 5.

The District Education Officer, Jehanabad Bihar 6.

The Sub-Divisional Officer, Jehanabad Bihar 7.

The Bihar School Examination Board (Senior Secondary) through its Secretary, Budh Marg, Patna 8.

THe Secretary, BIhar School Examination Board (Senior Secondary), Budh Marg Patna 9.

The Managing Committee, Magadh Inter College, Shakurabad in the District of Jehanabad through its Chariman/Convener 10.

The Chairman/Convener, Magadh Inter College, Shakurabad in the District of Jehanabad Bihar 11.

The Principal-Cum-Secretary, Magadh Inter College, Shakurabad in the District of Jehanabad Bihar 12.

Kaushal Kishore Sharma So n of Late Kapildeo Sharma Resident of VillageDharampur, POlice Station Shakurabad in the District of Jehanadad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Respondent/s :

Smt.Shilpa Singh (GA-12) Ms.Abhanjali, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-07-2020 Heard learned counsel for the parties.

The petitioner has put to challenge an order dated 28.12.2018, issued by the Chairman/ Convener, Magadh Inter

Patna High Court CWJC No.3257 of 2019(4) dt.06-07-2020 2/2 College, Shakurabad in the district of Jehanabad, whereby he has been put under suspension. The said Magadh Inter College, Shakurabad is admittedly a privately managed institution. In such background, I find substance in submission made on behalf of the respondents-State of Bihar that this writ application against privately managed committee may not be entertained. He has further submitted that the petitioner has an alternative remedy under the provisions of Bihar Grant Educational Institutions Authority Rules, 2015. He has drawn my attention to the fact that petitioner has already attained the age of superannuation.

Considering the above submission, this application is disposed of with an observation that the petitioner shall be at liberty to resort to appropriate remedy, if permissible, in accordance with law.

Learned GA-12 and learned counsel for the Board are present.

(Chakradhari Sharan Singh, J) Rajesh/- U