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Patna High CourtCWJC/6226/2016disposed

Mahesh Chandra Jha v. The State Of Bihar And ORS

2016-12-09Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6226 of 2016 ====================================================== Mahesh Chandra Jha S/o Sri Nand Lal Jha, resident of vill. - Shingiaghat, District- Samastipur, Presently working as In-charge Headmaster in Yogeshwari Sanskrit Middle School, Kalyanpur, District - Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar through its Secretary, Human Resources Development Department, Bihar, Patna.

2. The Commissioner -cum- Secretary, Primary, Secondary and Adult Education, Bihar, Patna, Vikash Bhavan, Patna.

3. The Special Director, Secondary Education, Vikash Bhavan, Patna.

4. The Chairman, Sanskrit Shiksha Board, Patna.

5. The Secretary, Sanskrit Shiksha Board, Patna.

6. The Secretary through its Managing Committee, Yogeshwari Sanskrit Middle School, Kalyanpur, District - Samastipur.

7. The Ex- Headmaster, Yogeshwari Sanskrit Middle School, Kalyanpur, District - Samastipur.

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

For the Petitioner/s : Mr. Rajani Kant Pathak For the Respondent/s : A.C. to. Ram Balak Mahto, AG ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 09-12-2016 Heard the parties.

The petitioner has questioned an order passed by the Secretary of a Managing Committee of Yogeshwari Sanskrit Middle School, Kalyanpur, Bibhutipur in the district of Samastipur bearing No.64 dated 10.7.2014, whereby the petitioner has been put under suspension and a decision has been taken to frame the charges. The petitioner also prays for quashing of the order dated 17.2.2015 again of the Secretary of the school whereby the suspension and termination of one Hari Kishore Jha by the Ad-hoc Committee in its decision dated

Patna High Court CWJC No.6226 of 2016 (4) dt.09-12-2016 15.2.2015 has been set aside.

In my opinion, considering that the orders impugned at Annexures 6 and 10 are passed by the Secretary of a Managing Committee, the writ petition is not maintainable and is disposed of accordingly.

The petitioner, if so advised, may take recourse to such other remedy as may be available to him in law. (Jyoti Saran, J) SKPathak/- U