Kapildeo Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4253 of 2018 =========================================================== Kapildeo Singh, Son of Late Gopi Ram, Resident of Village- Noorsarai, P.S.- Noorsarai, District- Nalanda at Biharsharif.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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

3. The District Magistrate, Nalanda at Bihar Sharif.

4. The District Education Officer, Nalanda at Bihar Sharif.

5. The Secretary, Sangat High School, Noorsarai, District- Nalanda at Bihar Sharif

6. The Principal, Sangat High School, Noorsarai, Nalanda at Bihar Sharif. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar For the Respondent/s : Smt. Shilpa Singh, GA12 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 02-04-2018 Petitioner has filed this writ petition in public interest claiming to be the resident of village in question and it is his contention that the Secretary and the Principal in Sangat High School, Noorsarai, Nalanda, namely, respondent nos. 5 and 6, are committing various illegalities in functioning of the school by charging excess amount in filling up examination forms of Matric, issuing fake School Leave Certificate etc.

The writ petition has been filed in public interest seeking a mandamus for conducting an enquiry into the affairs of the school, particularly with regard to the activities of respondent nos. 5 and 6. The petition is based on the report said to have been published in the newspaper. However, the petitioner's locus standi to file the writ petition and his public-spirited antecedents are not made out from the writ petition.

Patna High Court CWJC No.4253 of 2018 dt.02-04-2018 2/2 instance of the petitioner, in a Public Interest Litigation, we are not inclined to interfere into the matter. If the petitioner or any other person has any grievance with regard to functioning of the school in question, they may complain before the statutory authority by producing prima facie materials and affidavit in support thereof and if the same is done the competent authority, namely, the District Magistrate, Nalanda or any other statutory authority may look into the grievance of the petitioner.

With the aforesaid observations and liberty to the petitioner, finding no ground to make any indulgence into the matter by exercising our extraordinary jurisdiction under Article 226 of the Constitution, the writ petition stands disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) mrl./- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date03.04.2018 Transmission Date