Bholeshankar Educational Trust v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2706 of 2024 ====================================================== 1.

Bholeshankar Educational Trust Kotiya Muzaffarpur through its Chairman Jaleshwar Prasad Shahi (M) aged about 65 years S/o Late Ras Narayan Shahi, Resident of Village- Kotiya Baruraj, P.O. Baruraj, P.S. Baruraj, District Muzaffarpur.

2.

Hari Kishore, S/o Late Ramji Singh, R/o Ward No.-10, Lakri Dhai, Chandwara, Near Banaras bank, P.S.- Town, Muzaffarpur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Chairman, Bihar School Examination Board, Buddha Marg, Patna. 4.

The Director (Academic), Bihar School Examination Board, Buddha Marg, Patna.

5.

District Programme Officer, Muzaffarpur.

6.

District Education Officer, Muzaffarpur.

7.

Dr. Amrendra Kumar, President of Governing Body/Management Committee, Janta Mahavidyalay, Baruraj, Motipur, Muzaffarpur. 8.

Raj Kishore, S/o Lakhan Lal Chaudhary, Principal cum Secretary Member of Janta College, Baruraj, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Pratap, Adv.

For the Respondent/s :

Mr. Kumar Alok, Sc7 For the BSEB :

Mr. Satyabir Bharti, Sr. Adv.

:

Ms. Kanupriya, Adv.

:

Mr. Abhishek Anand, Adv.

For the Respondent No. 8 :

Mr. Chandra Shekhar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-07-2025

1. Heard the parties.

2. The petitioners have filed the present writ application challenging the appointment of Respondent No. 8 in the Ad Hoc Committee constituted for the functioning of the Janta College, Baruraj, Muzaffarpur.

3. Learned counsel for the petitioners submits that the

Patna High Court CWJC No.2706 of 2024(6) dt.15-07-2025 2/3 College concerned is not functioning properly in absence of a regular Governing Body and Managing Committee should be constituted under Regulation 17 (A) of the Bihar School Examination Board (Senior Secondary) Affiliation Regulation, 2011. The college is being run by the Ad Hoc Committee in which the Respondent No. 8 has been included as a PrincipalCum-Member Secretary. Referring to the letter, dated 15.06.2024, annexed along with the I.A. No. 01 of 2025, learned counsel submits that, pursuant to the letter of the Director, Bihar School Examination Board, the petitioners have submitted letter, dated 24.06.2024, suggesting four names for constitution of Regular Committee.

4. Learned counsel for the Respondent No. 8 submits that petitioners are trying to disturb the functioning of the college and are preventing the Board to constitute a Regular Committee, raising their false claim that Petitioner No. 2 should be included in the Managing Committee being the donor whereas the Petitioner No. 2 had never donated any amount whose father was a donor and he has died.

5. Learned senior counsel appearing for the Board submits that there is inter-se dispute between the Petitioner No. 2 and Respondent No. 8 which can be decided after hearing both

Patna High Court CWJC No.2706 of 2024(6) dt.15-07-2025 3/3 the parties by the Secretary of the Bihar School Examination Board. The Petitioners as well as Respondent No. 8 may be directed to file their respective grievances before the Secretary who shall decide the same in accordance with law within a reasonable time frame and shall also take steps for constitution of Regular Governing Body.

6. Having considered the submissions on behalf of the parties, I accept the argument of learned senior counsel for the Board and direct the petitioners as well as Respondent No. 8 to raise their grievances by way of representation before the Secretary within a period of two weeks from today.

7. If such a representation is filed, the Secretary of the Board is directed to dispose the same after hearing both the parties in accordance with law by a reasoned and speaking order within a period of two months.

8. With the aforesaid direction and observation, this writ application is disposed.

(Anil Kumar Sinha, J) HarshPandey/- U