Ashok Kumar Yadav v. The Bihar School Examination Board Higher Secondary Through Its Chairman And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1626 of 2017 arising out of Civil Writ Jurisdiction Case No. 15060 of 2017 ====================================================== Ashok Kumar Yadav, son of Shri Khelanand Yadav, resident of MohallaProfessor Colony, Ward No. 25, Post Office+ Police Station- Forbesganj, District- Araria.

... ... Appellant/s

Versus

1. The Bihar School Examination Board (Higher Secondary) through its Chairman, Budha Marg, Patna.

2. The Chairman, Bihar School Examination Board (Higher Education), Budha Marg, Patna.

3. The Secretary, Bihar School Examination Board (Higher Secondary), Budha Marg, Patna.

4. The Director (Educational), Bihar School Examination Board (Higher Secondary), Budha Marg, Patna.

5. The State of Bihar through the Principal Secretary, Department of Human Resources, Bihar, Vikas Bhawan, New Secretariat, Patna.

6. The Director, Higher Secondary, Bihar Vikas Bhawan, New Secretariat, Patna.

7. The District Education Officer, District- Araria, Bihar.

8. The Principal, B.D.B.K.S. College, Forbesganj, District- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Md. Shamimul Hoda, Advocate For the BSEB :

Mr. Gyan Shankar, Advocate For the Respondent/s :

Mr. Ashutosh Ranjan Pandey -AAG15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-12-2017 Having heard learned counsel for the parties, we find that with regard to right of the appellant for including his name as a member of the Managing Committee being donor of the property, learned Writ Court has refused to interfere into the matter on

Patna High Court LPA No.1626 of 2017 dt.18-12-2017 2/2 account of disputed questions of facts and has relegated the appellant to take recourse to the common remedy. In doing so, we see no error in the order passed by the learned Writ Court warranting reconsideration.

We are informed that now, for resolution of such dispute, an alternate forum has been created, namely 'Bihar Anudanit Shikshan Sansthan Pradhikar'. The appellant may take recourse to the remedy of approaching the aforesaid authority. The authority shall decide the matter within three months.

With the aforesaid liberty, we dispose of the appeal. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.12.2017 Transmission Date