Kumari Indu Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20946 of 2014 ====================================================== Kumari Indu Sinha wife of Sanjay Kumar resident of Village/Mohalla - Jamalpur Keshopur , p.O. - Jamalpur , District - Munger. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary , Secondary & Higher Education , Govt. Of Bihar , New Secretariate , Patna

2. The District Education Officer , Munger.

3. The Secretary , Laxmi Devi Inter Collage , Dasrathpur (Munger).

4. The principal -cum-member of G.B./Adhoc of Laxmi Devi Inter Collage, Dasrathpur (Munger) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pradhan Murli Manohar Prasad, Advocate Mr. Raju Kumar Goswami, Advocate For the State :

Mrs. Nutan Kumari Sharma, AC to GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 11-07-2018 In view of the judgment of the Apex Court in the case of Sirsi Municipality vs. Cecelia Kom Francis Tellis :AIR 1973 SC 855 and in the case of Vaish Degree College v. Lakshmi Narain: AIR 1976 SC 888, this writ petition, against the Managing Committee of the College is not maintainable.

However, liberty shall be available to the petitioner either to approach the Civil Court for common law remedy or, if so advised, the appellate authority constituted for deciding such dispute under Bihar Secondary Affiliation Regulation, 2011, amended from time to time. With the aforesaid the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.07.2018 Transmission Date