Permeshwar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10801 of 2020 ====================================================== PERMESHWAR PRASAD SINGH, aged about 58 years (Male), Son of Fauzdar Singh, Resident of Ward No. 7, Hawal Danga, P.o.- Singhia, P.S.- Kishanganj, District- Kishanganj.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

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

3.

The Special Director, Secondary Education, Bihar, Patna. 4.

The Chairman/Secretary, Bihar Sanskrit Shiksha Board, Patna. 5.

The Chairman, Managing Committee, Primary-cum-Middle Sanskrit School, Khuchiya Bari, Kishanganj.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Pramod Kumar, Advocate For the Respondents :

Mr. Subhash Chandra Mishra, S.C. 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 27-04-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The following reliefs have been sought for on behalf of the petitioner in the present writ application. "1. For issuance of a Writ in the nature of Certiorari to quash the entire Selection Process/Appointment of Assistant Teachers of Primary-cum-Middle Sanskrit School, Khuchiya Bari, Kishanganj, initiated/done by the illegal Managing Committee of the School, as not only the entire Selection Process is contrary to the provision of Bihar State NonGovernment Recognized Sanskrit School Teachers Service Conditions Rules 2015. And also to quash the illegally constituted Managing Committee, who has no jurisdiction

Patna High Court CWJC No.10801 of 2020(3) dt.27-04-2022 2/2 or authority under the Rule to make appointment or even initiated the process of appointment of any Teaching or Non-Teaching staffs. And further for issuance of a Writ in the nature of mandamus commanding and directing the Respondents Sanskrit Shiksha Board to initiate the process of constitution of legal Managing Committee of the School and till its constitution stop the process of Selection/Appointment of teaching staff by the present Managing Committee as most of the members of the present Managing Committee are either died, or retired from service and now have no authority to be a member of the Committee."

Considering the reliefs sought for by the petitioner in this writ application, the petitioner is directed to file a representation before the respondent no. 4, The Chairman/Secretary, Bihar Sanskrit Shiksha Board, Patna, who shall consider the representation of the petitioner and pass an appropriate order in accordance with law.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) U.K./- ( Sanjeev Prakash Sharma, J) U