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Patna High CourtCWJC/17697/2017disposed

Sri Bishnudeo Kapari High School v. The State Of Bihar And ORS

2018-08-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17697 of 2017 ====================================================== Sri Bishnudeo Kapari High School, Khajuri , P.O. Chhatahar, Police StationShambhuganj, District- Banka through its Secretary Bishnudeo Yadav Son of late Hiralal Yadav Resident of Khajuri, P.O. Chhatahar, Police StationShambhuganj, District- Banka. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Education Department, Govt. of Bihar, Patna.

2. The Director, Secondary Education, Education Department, Govt. of Bihar, Patna.

3. The Deputy Director, Secondary Eduation, Education Department, Govt. of Bihar, Patna.

4. The Secretary, Bihar School Examination Board, Patna.

5. The District Magistrate Banka, District- Banka.

6. The District Education Officer, Banka, District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Verma For the Respondent/s :

Mr. Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2018 It is claimed in the present writ application that Sri Bishnudeo Kapari High School, Khajuri, Distrct-Banka, is an aided school. This writ application has been filed seeking following relief, inter alia, :

"For issuance of an appropriate writ/writs in the nature of mandamus directing and commanding the respondents to release the grant-inaid for the year 2008-2009 to the petitioner's school which has not been given to the petitioner's school till date, which has caused much difficulties to the

Patna High Court CWJC No.17697 of 2017(2) dt.13-08-2018 2/2 teaching and non-teaching staff of the school." Indisputably, the petitioner has alternative statutory remedy available before Bihar Anudanit Sikshan Sansthan Pradhikar constituted under Anudanit Shikshan Sansthan Pradhikar Niyamawali, 2015, for the relief which the petitioner is seeking in the present writ application.

In that view of the matter, this application is disposed of with a liberty to the petitioner to avail the said statutory remedy. It is indicated that if the petitioner's application is found to be barred by limitation, Pradhikar is expected to take into account the period spent by the petitioner in pursuing this matter before this Court.

(Chakradhari Sharan Singh, J) Pawan/Ragini U