Patna High CourtCWJC/2967/2015dismissed

Nageshwar Bhagat v. The State Of Bihar And ORS

2015-03-02Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2967 of 2015 ====================================================== Nageshwar Bhagat son of Late Shital Bhagat, resident of Village + P.S. Mahishi, District - Saharsa, Chairmjan of Governing Body and Managing Committee, Lahtan Choudhary Inter College, Pastwar, Baluaha Mahishi, District - Saharsa.

.... .... Petitioner/s

Versus

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

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

3. The Director, Higher Education, Bihar, Patna.

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

5. The Chairman Bihar School examination Board (Higher Secondary), Bihar, Patna.

6. The Secretary, Bihar School Examination Board (Higher Secondary), Bihar, Patna.

7. The District Education Officer, Saharsa.

8. Sri RAmyash Bhagat, son of Late Shital Bhagat, resident of Village + P.O. - Mahishi, District - Saharsa.

9. The District Appellate Authority, Saharsa through its Secretary. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Jha, Sr. Advocate Mr. Pramod Mishra For the Respondent State: Mr. SC9-Raj Nandan Prasad For Respondent No. 8 : Mr. Rajendra Pd. Singh, Sr. Advocate Mr. Uday Chandra Prasad Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 02-03-2015 This Court will not interfere with the order impugned because the order speaks for itself as to why the removal of the private respondent was required to be interfered with. With such glaring violation noticed in the impugned order by the Management Committee, they cannot be permitted to be law by

Patna High Court CWJC No.2967 of 2015 (2) dt.02-03-2015 2 / 2 themselves.

If the Managing Committee wants, let it move a civil court of competent jurisdiction, seek a declaration and also an order of restraint may be against the private respondent for functioning as a Principal in the College in question.

Writ application is otherwise dismissed since the impugned order does not suffer from any infirmity.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U