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Patna High CourtCWJC/11334/2007dismissed

Bramharshi Sahjanand Sarswati v. The State Of Bihar And ORS

2017-05-02Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11334 of 2007 ===========================================================

1. Sri Badari Narayan Choudhary, son of Late Basgit Choudhary, Village- Belaur, P.S. Udwant Nagar, District- Bhojpur ( Present Secretary of Governing Body).

2. Sri Uttam Prasad, Son of Late Ramadhar Pandey, Village-Chaturbhuji Baraon, P. S. Piro, District-Bhojpur. ( Present Incharge Principal, B. S.S. College, Bachari, Piro,. Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Higher Education, Government of Bihar, Patna

2. The Director, Higher Education, Government of Bihar, Patna.

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

4. The Chairman, Bihar School Examination Board ( Senior Secondary Division), Patna

5. The Secretary, Bihar School Examination Board (Senior Secondary Division), Patna

6. The Veer Kuer Singh University, Ara, through its Registrar, P. S. Ara, Nawadah, District-Bhojpur

7. The Vice-Chancellor, Veer Kuer Singh University, Ara, Bhojpur.

8. So Called B.S.S. College, Bachari, Piro, Bhojpur, through its Principal.

9. Sri Birendra Kumar Singh, Son of late Nathuni Prasad Singh, resident of village Hawelipur, P. O- Nagari P. S. Charpokhari, District Bhojpur, the Principal of so called Bramharshi Sahjanand Sarwati College (Intermediation Section) Bachari, Piro, P. S. Piro, District-Bhojpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : None For the State : Mrs. Manisha Singh, AC to G.P.-7 For BSEB : Sri Manish Kumar,Advocate For Respondents 8 & 9 : Mr. Chittaranjan Sinha, Sr. Advocate With Sri Siddhartha Prasad, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 02-05-2017 No one appears on behalf of the petitioners, despite repeated calls.

2. By order, dated 25.04.2017, by way of last indulgence, the matter was adjourned for 2nd of May, 2017.

3. The present application has been filed by Bramharshi Sahjanand Sarswati College, Bachari, Piro, Bhojpur, through its Secretary, seeking direction to cancel the affiliation and recognition of Intermediate Section of an Institution, also being run in the name of Bramharshi Sahjanand Sarswati College (Intermediate Section), Bachari, Piro, Bhojpur.

4. It is the case of the petitioner that his College was established in the year 1978 and it was granted affiliation with Magadh University/Veer Kunwar Singh University without Intermediate Section. It appears from the pleadings on record that the grievance of the petitioner is with respect to running of Bramharshi Sahjanand Sarswati College (Intermediate Section) on various grounds.

5. On careful examination of the materials on record, I find that the case involves disputed questions of facts, which need not be adjudicated in a writ proceeding.

6. The parties shall be at liberty to address their rights before the competent Court of civil jurisdiction where the matter is said to be pending.

7. The petition stands dismissed.

(Chakradhari Sharan Singh, J) ArunKumar/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 10.05.2017 Transmission Date