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Patna High CourtCWJC/19173/2010dismissed

Ghanshyam Poddar v. The State Of Bihar And ORS

2015-01-19Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19173 of 2010 ======================================================

1. Ghanshyam Poddar S/O Late Arjun Poddar R/O Poshan Sah Vi Lane, Mohalla- Sakrullah Chak, P.S.- Mojahidpur, P.O.- Mirzanhat, Distt.- Bhagalpur .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Secretary Of Education The Human Resources Department New Secretariat, Patna (Bihar)

2. Nishu Hembram, Principal Christ Church Girls High School, Bhagalpur, Dr. Amulya Ghosh Road Bhagalpur (Bihar)

3. Philip P. Marandi Bishop Of Patna Dioceasen Of Patna Church Of North India Radha Rani Sinha Road, Ghantaghar Chowk, Bhagalpur, Bihar

4. Misses Nomi Lili Marandi Secretary D.E.S. Secretary Of Patna Dioceson Radha Rani Sinha Road, Ghantaghar Chowk, Bhagalpur, Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. (Gp11) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-01-2015 Nobody appears on behalf of the petitioner. Mr. Priyadarshi, Counsels for the School Management as well as the State are present.

The writ application has been filed for issuance of a writ of mandamus commanding the respondents to appoint the petitioner on the post of Hindi Teacher. Mr. Priyadarshi, learned counsel drew attention of the Court to the pleadings made in the writ petition and submitted that on the pleadings on record, no relief can be granted to the petitioner as the School Management is a minority Christian school and would not fall under Article 12 of

Patna High Court CWJC No.19173 of 2010 (3) dt.19-01-2015 the Constitution of India. He also draws attention of the Court to Articles 29 and 30 of the Constitution of India. I have gone through the pleadings made in the writ application. In my view, in the form and substance, the same would not be maintainable before this Court.

The writ application is dismissed.

(Kishore Kumar Mandal, J) Pankaj/- U