Patna High CourtL.P.A/1904/2016dismissed

Dr. Kamlesh Kumar v. The State Of Bihar And ORS

2017-07-25The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1904 of 2016 IN Civil Writ Jurisdiction Case No. 16376 of 2015 =========================================================== Dr. Kamlesh Kumar Son of Late Heman Mahto resident of Village - Korbadha, Police Station - Muffasil in the district of Samastipur. .... .... Appellant/s

Versus

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

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

3. The Bihar School Examination Board (Senior Secondary), Budh Marg, Patna through its Secretary.

4. The Secretary, Bihar School Examination Board (Senior Secondary), Budh Marg, Patna.

5. The District Education Officer, Samastipur. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Sunil Kumar For the Respondent/s : Mr. ASHUTOSH RANJAN PANDEYAAG15 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 25-07-2017 Seeking exception to an order dated 30th August, 2016 passed by the Writ Court in C.W.J.C. No. 16376 of 2015, this appeal has been filed.

It has been held by the learned Writ Court that an Intermediate College is nothing but a school imparting education under the 10+2 system of education and, therefore, the rules of superannuation applicable to a University will not apply to such a

Patna High Court LPA No.1904 of 2016 dt.25-07-2017 2/2 Institute which are covered by the provisions of the Bihar Education Board Regulation, wherein the age of superannuation were fixed as 60 years. In rejecting the claim of the appellant on such consideration, we find that no error has been committed by the learned Writ Court warranting reconsideration.

The appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29/07/2017 Transmission Date NA