Satyendra Kumar Nayak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1098 of 2017 In Civil Writ Jurisdiction Case No.1826 of 2015 ====================================================== Satyendra Kumar Nayak Son of late Musai Nayak Resident of Prabhu Thakur, Mohalla- ward No. 09, Post- Rosera, District- Samastipur, PIN No.- 848210. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

Deputy Secretary, Education Department, Government of Bihar, Patna. 4.

Director, Secondary, Education Department, Government of Bihar, Patna. 5.

Chairman, Bihar School Examination Board Senior Secondary, Budh Maarge, Patna - 800001.

6.

Secretary, Bihar School Examination BoardSenior Secodary, Budh Marg Patna -800001 7.

Uday Chand Mahto Ex, In Charge Principal, Sant Kabir Ramjivan Musai Nayak Mahila College.

8.

District Education Officer, Samastipur.

9.

Mahant Dr. Vidyanand Shastri Son of late Ayodhya Singh an Chela of late Acharya Ramjivan Sahep Resident of Mahadev Math, Ward No. 1, Rosera, P.S. Rosera, District- Samastipur, PIN- 80810 ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. P.K. Shahi, Sr. Advocate Mr.Pankaj Kumar Sinha, Advocate For the Respondent/s :

Mr.Ashutosh Ranjan Pandey- AAG-15 Mr. Rajesh Ranjan, Advocate For respondent no.7 Mr. Sunil Kr. Singh, Advocate Mr. Satyabir Bharti, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-12-2019 The appellant, through the instant appeal has prayed for the following relief:

"This present appeal has been preferred

Patna High Court L.P.A No.1098 of 2017(11) dt.17-12-2019 2/2 against the order dated 29.06.2017 passed in C.W.J.C. No. 1826/2015 by a leaned Single Judge whereby the writ petition filed by the petitioner/respondent no.9 second set, has been allowed."

It is not in dispute that during the pendency of the present appeal the Managing Committee of the College stands reconstituted and that now there is mechanism in place where order passed by the authority, forming such Managing Committee, can be challenged, in accordance with law. As such, Sri P.K.Shahi, learned senior counsel under instruction, seeks permission to exhaust such a remedy.

Under instruction, learned counsel for the respondents states that the respondents have no objection in granting liberty to the appellant to take recourse to such remedies as are otherwise available, in accordance with law.

As such, as prayed for, with the aforesaid liberty, the appeal stands disposed of.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Spandey/Ravi/- U