Ramendra Mohan Sinha v. State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6368 of 2015 =========================================================== Ramendra Mohan Sinha son of Lae Indra Mohan Sinha, Doner Member and Secretary of Dwarika Bindeshwari Munderwati Inter College, Mansoorchak, Begusarai, presently residing at Mohoalla- Mungeriganj, Opposite Judicial Colony, at, P.O. and P.S. Begusarai, District Begusarai, Bihar .... .... Petitioner/s

Versus

1. State of Bihar through the Principal Secretary, Higher Secondary Education, Government of Bihar, Patna

2. Chairman, Bihar School Examination Board (High Secondary), Budh Marg, Patna- 1

3. Secretary, Bihar School Examination Board (High Secondary), Budh Marg, Patna- 1

4. District Education Officer, District Begusarai

5. Incharge Principal, Dwarika Bindeshwari Munderwati Inter College, at and P.O. Mansoorchak, District Begusarai .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Shri Nandan Prasad Singh Mr. Surendra Prasad Singh Mr. Ashok Kumar For the BSEB :

Mr. Piyush Lal For the Bank :

Mr. Ranjeet Kumar Pandey For the State :

Mr. Mahendra Prasad Verma AC to SC-20 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 03-10-2016 Heard learned counsels for the parties.

The grievance of the petitioner against the reconstitution and creation of an adhoc managing committee of the college, in question, is the cause of action in the present writ application. Petitioner wants quashing of the same. From the stand taken by the respondent-Examination Board, it seems that the previous constituted committee could never

Patna High Court CWJC No.6368 of 2015 dt.03-10-2016 2/2 become effective and given final status, because the Incharge Principal was not being appointed by the managing committee for a long long period of time. In absence of an Incharge, the day to day functioning of the school was getting affected. When it was not done, to fill up such vacuum, the reconstitution was done in December, 2014.

In view of the above, no interference is warranted. But the Examination Board would be well advised to constitute a permanent managing committee in accordance with law, i.e., according to 2015 Regulation, which is in place, now, because adhocism is anti-thesis to good governance.

Writ application stands dismissed with observation / direction as above.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 05.10.2016 Transmission Date