Managing Committee Of Banke Bihari Sanskrit High School And ANR. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9790 of 2014 ===========================================================
1. Managing Committee Of Banke Bihari Sanskrit High School Nehua through its Secretary Suman Choudhary Wife of Sri Mohan Chaudhary resident of Village and P.O- Chhathiya Pokhra, P.S- Dumraon, District- Buxar.
2. Deepak Kumar Trivedi Son of Sri Kashinath Trivedi Resident of Village and P.O- Chhathiya Pokhra, P.S- Dumraon, District- Buxar at present working as Incharge Headmaster, Bankey Bihari Sanskrit High School, Nenua, District- Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Education, Bihar, Patna.
2. The Special Director, Secondary Education ( Sanskrit) Department of Education, Govt. of Bihar, Patna.
3. The Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna through its Secretary.
4. Chairman, Bihar Sanskrit Shiksha board, East Boring Canal Road, Patna.
5. The Secretary, Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna.
6. Ravi Ranjan Tiwari Son of Late Ram Ekbal Tiwari resident of Village and P.OChhathiya Pokhra, P.S- Dumraon, District- Buxar. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s :
Mr. Durga Nand Jha For the Respondent/s :
Mr. GA3- V.K.Singh For the Sanskrit Shiksha Board:
Mr. Satyam Shivam Sundaram For Respondent No. 6:
Mr. Shree Kant Pandey =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 29-01-2016 Heard learned counsel for the parties.
There are certain standards of conduct which is expected out of the litigants when they approach a Court of Equity as well as the Constitutional Court for issuance of a mandamus or a certiorari. The things, which have emerged in the present writ application with regard to assertion and documentations, which have been used, are far away from authenticity and truth.
Patna High Court CWJC No.9790 of 2014 dt.29-01-2016 2/2 This Court can only caution and warn such litigants to be careful in future before embarking on any kind of adventurism or treating the Court as a gambling house.
The matter is allowed to rest, looking at the position, which emerges from the rival contentions and the changed rules with regard to constitution of managing committee, notified in the year 2015.
Without expressing any opinion on the merit of the rival claims of the petitioner and the private-respondent, matter is disposed off giving liberty to the Sanskrit Shiksha Board to do the needful in accordance with 2015 Rules.
The Court has already perused the original records. Let it be now returned by the counsel representing the Sanskrit Shiksha Board to the Board for safe keeping and for their official work. Writ application stands disposed off with observation and direction as above.
(Ajay Kumar Tripathi, J) SKM/- U