Patna High CourtCWJC/4074/2016dismissed

Jai Ram Singh v. The State Of Bihar And ORS

2016-09-01Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4074 of 2016 =========================================================== Jai Ram Singh, Son of Late Balmiki Singh, Resident of Village- Mehus, P.O. + P.S.- Mehus, District- Sheikhpura.

.... .... Petitioner

Versus

1. The State of Bihar.

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

3. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur.

4. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur.

5. Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar.

6. The Principal, Sundar Singh College, Mehus, Sheikhpura.

7. The Secretary, Governing Body, Sundar Singh College, Mehus, Sheikhpura. .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Brisketu Sharan Pandey, Advocate For the State :

Mr. Roy Shivaji Nath, A.A.G.3 For the University :

Mr. R.K. Giri, Advocate For Res. Nos.6 & 7 :

Mr. Anil Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 01-09-2016 A counter affidavit has been filed on behalf of the Principal Secretary, General Administration Department, Government of Bihar in terms of the previous direction of this Court dated 11.08.2016. Not only from the statement made in paragraph-5 and 6, it is clear that a District Education Officer ranks higher than a Subdivisional Magistrate but also that a District Education Officer is a superior authority to a Sub-divisional Magistrate. The statement has also been supported by a necessary notification which indicates the pay scale of the District Education Officer and the pay scale of a Subdivisional Magistrate as well as the ranking.

Patna High Court CWJC No.4074 of 2016 dt.01-09-2016 2 / 2 If this be so, then the nomination of the District Education Officer in the Managing Committee by the University with regard to the college in question cannot be said to be a decision which is required to be interfered with.

Writ application, therefore, is dismissed since that was the only bone of contention in the present writ application. (Ajay Kumar Tripathi, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE Uploading Date 02.09.2016 Transmission Date