Patna High CourtCWJC/20883/2014dismissed

Vijay Kumar Singh And ANR v. The State Of Bihar And ORS

2015-09-08Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20883 of 2014 ===========================================================

1. Vijay Kumar Singh son of Sri Kishori Prasad Singh at present InchargePrincipal, Mahanth Paramhans Das Mahila Mahavidyalaya, Sitamarhi (Bhavdepur P.S. Riga, District- Sitamarhi).

2. Mahanth Paramhans Das Mahila Mahavidyalaya, Sitamarhi through iots Incharge-Principal (petitioner no.1) .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary (Secondary Education), Bihar, Patna.

2. Bihar School Examination Board (Senior Secondary), Bihar, Patna through its Secretary.

3. Chairman, Bihar School Examination Board (Senior Secondary), Bihar, Patna.

4. Dr. Ram Chandra Thakur, Retired-Principal, R.S.S. Science College, Sitamarhi (so-called Convenor), resident of Sonawati Coloney, Dumera Road, Sitamarhi.

5. Professor Lalita Mishra

6. Professor Shashi Bhusan Kumar

7. Professor Nazrana Khatoon

8. Shri Krishna Nand Thakur All teaching and Non-teaching staffs of Mahant Paramhans Das Mahila College, Sitamarhi, P.S.- Riga, District- Sitamarhi

9. Sri Rambabu Sah, son of not known, Resident of Village- Kamaldah, P.S. Bathnaha, District- Sitamarhi

10. Smt. Anita Devi, W/o Sri Shiv Shankar Singh, Resident of village + P.O.- Bairya, P.S.- Piprahi, District- Sheohar.

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

For the Petitioner/s : Mr. Uma Kant Tiwary For the Respondent/s : Mr. Ajay Bihari Sinha =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 08-09-2015 *************** 08.09.2015 Heard learned counsel for the parties.

Writ application is dismissed on the sole ground that the petitioner by virtue of being a teacher does not have a locus to challenge the constitution of an ad-hoc managing committee by the Examination Board in exercise of its power, especially when none of the members of the ad-hoc managing committee or the

Patna High Court CWJC No.20883 of 2014 dt.08-09-2015 2/2 replaced managing committee in any manner have a grievance against the said constitution.

In fact, the writ application of the petitioner seems to be motivated, because he is an aggrieved person, personally, since he has been removed from the post of an Acting Principal of the institution. Since the institution is not a personal fiefdom of any teacher as such he cannot agitate the issue in that capacity. Writ application is dismissed, accordingly.

(Ajay Kumar Tripathi, J.) U SKM/-