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Patna High CourtCWJC/9740/2019disposed

Society Of Educational And Regional Cultural Heritage (Search) Society, v. The State Of Bihar

2019-05-01Mr. Justice Jyoti Saran,Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9740 of 2019 ====================================================== Society of Educational and Regional Cultural Heritage (Search) Society, Registered under Society Registration Act, 1860, having its Registered Office at Ist Floor, Tridev Market, Ram Nagari More, Ashiyana Nagar, P.S.-Rajiv Nagar, District-Patna, through its Member Mrs. Nita Singh (Female), @ Nitu Kumari aged about 42 years, wife of Sri Raj Kumar Mehta, Resident of 30 Dakshini Mandir, P.S.-Budha Colony, P.O.-G.P.O.,Patna, District-Patna. ... ... Petitioner

Versus

1.

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

2.

The Principal Secretary, Education Department, Govt. Of Bihar, Patna. 3.

The Commissioner-Cum-Secretary, Primary, Secondary and Higher Education, Education Department, Govt. of Bihar, Patna. 4.

The Director, Primary, Secondary and Higher Education, Education Department, Govt. Of Bihar, Patna.

5.

The Union of India, through the Secretary, Human Resources Development Department, Department of School Education and Literacy, Shastri Bhawan, New Delhi.

6.

The Secretary, Human Resources Development Department, Department of School Education and Literacy, New Delhi.

7.

The Under Secretary (CS) National Council for Teacher Education, Hans Bhawan, Wing-II, Bahadurshah Zafar, New Delhi-110002. 8.

The Regional Director, Eastern Regional Committee, National Council for Teacher Education, 15 Neel Kantha Nagar, Nayapalli, Bhubneshwar, Orissa. 9.

The Vice Chancellor, Maulana Marhrul Haque Arabic and Persian University, Patna.

10.

The Registrar, Maulana Mazhrul Haque Arabic and Persian University, Patna.

11.

The Principal/Correspondent, National B.Ed. College of Higher Education, Village-Murgiachak, Street/Road, Mohammadpur, Taluka Mandal, Janipur, Town/City, Patna, District-Patna, Bihar, PIN-801505. 12.

The Secretary/Correspondent, Jeevan Jyoti Education and Social Welfares Trust, Village-Murgiachak, Street/Road-Mohammadpur, Talauka Mandal, Janipur Town City, Patna, District-Paatnaa, PIN-801505. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md. Imtiyaz Hussain, Adv.

For the Respondent/s :

Mr. Shashi Shekhar Tiwary, AC to AAG-15 For the NCTE : Mr. Sunil Kumar Singh, Adv. Md. Azimuddin, Adv.

Mr. Ranvijay Singh, Adv.

======================================================

Patna High Court CWJC No.9740 of 2019(2) dt.01-05-2019 2/2 CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 01-05-2019 While waiving of the defects, as pointed out by the office, we take up the matter for consideration on merits with the consent of the parties because although the petitioner questions functioning of respondent no.11, the Principal/ Correspondent, National B.Ed. College of Higher Education on the lack of infrastructural facilities be it teaching as well as on nonteaching side, there is nothing on record of the proceeding which could confirm whether the issue has been raised before the statutory authority as also canvassed by Mr. Shashi Shekhar Tiwary, learned AC to AAG-15.

In such circumstances and for the present we would only permit the petitioner to approach the appropriate authority i.e. respondent no.2 with supportive details and it goes without saying that any such application filed by the petitioner if supported with documents, would be considered and disposed of by respondent no.2 in accordance with law and obviously after opportunity of hearing to respondent no.11.

With the observations above, we dispose of this writ petition.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) Surendra/- U