Daya Nand Prakash v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4858 of 2015 ====================================================== Daya Nand Prakash son of Sri Ram Narayan Roy, Resident of village Hasanpur Surat, p.o.+ p.s.- Patori, District Samastipur. At present working as clerk Bharti Arya High School Jamalpur, Munger. .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary Human Resources Department, Govt. of Bihar having its Office at New Secretariate Patna.

2. The Director, Higher secondary Bihar, Patna

3. The Regional Deputy Director of Education Munger Division, Munger

4. The District Officer-cum-Collector, Munger

5. District Education Officer, Munger

6. The District Treasury Officer, Munger

7. The school Managing Committee through Secretary, Bharti Arya High school, Jamalpur, Munger

8. The Head Master, Bharti Arya High School, Jamalpur, Munger .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Respondent/s : Mr. Satyadeo Kumar- Sc5 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 01-03-2017 Heard counsel for the petitioner and counsel for the State. Perused the writ application and the counter affidavit of the District Education Officer.

Since there is controversy with regard to the appointment of the petitioner in the school in question, which is a religious minority school having its own managing committee and all the vested powers to run their affairs, the writ application is dismissed.

Petitioner may file a suit and get appropriate declaration.

(Ajay Kumar Tripathi, J) Pawan/- U