Ram Chandra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12428 of 2011 ====================================================== Ram Chandra Prasad Singh S/O Late Bachu Singh R/O Vill. & P.O.-Jarang Rampur, P.S. And Distt.-Vaishali, Chairman, Keshav, Balika Uchya Vidalaya, Jarang, Rampur.

.... .... Petitioner/s

Versus

1. The State Of Bihar.

2. Principal Secretary, Human Resources Development Deptt. Bihar, Patna.

3. The Director Secondary Education, Bihar, Patna.

4. The District Education Officer, Vaishali.

5. Gaya Prasad Singh S/O Late Bindeshwari Singh R/O Vill.-Rampur, Bakhar, P.S. Bhagwanpur, Distt.-Vaishali.

6. Deep Narayan Prasad Singh S/O Late Sahdeo Singh R/O Vill.-Rampur, Bakhar, P.S. Bhagwanpur, Distt.-Vaishali.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dipak Kumar For the Respondent/s : Mr. M. D. Dwivedi SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-09-2015 Heard both sides.

In substance, the legality and genuineness of the Managing Committee of Keshav Balika Uchya Vidalaya in the district of Vaishali is the issue in this writ application. The petitioner claims himself to be the Chairman of the Managing Committee of the said school. From Annexure-2, it appears that the rival claims of the two Managing Committees was examined by the District Education Officer, Vaishali and, after hearing both the parties and on appraisal of the documents produced by them, the District Education Officer found the Managing Committee

Patna High Court CWJC No.12428 of 2011 (2) dt.14-09-2015 2/2 headed by respondent no.6 is the Committee in control of the school in question.

It is stated that the report which has been submitted to the government in the Department of Human Resources Development (now Education department) has not been appraised. The matter is still pending before the government.

The State Counsel, however, points out that any such dispute can be raised before the appellate authority in terms of section 13 of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2013, notified on 20th December, 2014. Without delve into the consideration as to the forum, this Court disposes of the writ application by directing the concerned respondent of the State which is said to be respondent no.3 to consider the said report of the DEO and take a final decision in accordance with law, if not already taken, as quickly as possible, preferably within a period of two months from the date of receipt/production of a copy of this order.

(Kishore Kumar Mandal, J) HR/- U