Shiv Kumar Bhagat v. The Bihar School Examination Board S. S. And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1936 of 2016 IN Civil Writ Jurisdiction Case No. 9531 of 2016 ===========================================================
1. Shiv Kumar Bhagat Son of Late Narsingh Prasad Bhagat In-charge Principal, Hari Kishun Bhagat Inter College at P.S. - Amarpur, District - Banka. .... .... Appellant/s
Versus
1. The Bihar School Examination Board ( S. S. ), Patna through Secretary, Buddh Marg, Patna.
2. The Secretary, Bihar School Examination Board (S.S.) Buddh Marg, Patna.
3. The Ad-hoc Managing Committee, Hari Kishun Bhagat Inter College, Amarpur through Convener, At & P.S. - Amarpur, District - Banka. .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Rajendra Narayan, Sr. Advocate Mr. Manoj Kumar Jha, Advocate For the Board : Mr. Lalit Kishore, Sr. Advocate For Respondent No.6 Mr. D.N. Jha, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 10-07-2017 Seeking exception to an order dated 15.9.2016 passed by the learned Writ Court in C.W.J.C. No.9531 of 2016, this appeal has been filed under Clause 10 of the Letters Patent. Petitioner was working in a private Intermediate Institute and at the relevant time when the petitioner was holding the post of In-charge Principal, he was nominated to the ad hoc
Patna High Court LPA No.1936 of 2016 dt.10-07-2017 2/3 Managing Committee of the Institute, Hari Kishun Bhagat Inter College, Amarpur, Banka. However, after the period of two years of his tenure was over and when further extension for a period of two years was to be made, the Bihar School Examination Board by the impugned action informed the authorities that once the age of retirement of the petitioner was 60 years and he has attained the age of superannuation, the petitioner cannot continue in the ad hoc Managing Committee as the very basis of his induction into the Managing Committee in the capacity as a Principal ceases with his retirement from that post on attaining the age of superannuation.
Even though various grounds are canvassed before to say that the age of superannuation of a Principal in an Intermediate Private Institute is 62 years as in the case of a University teacher, we are of the considered view that this cannot be accepted. It is well settled by various judgments that the Intermediate Institute imparting education in 10+2 pattern is not a University. It is a school governed by the Rules and affiliated to the Bihar School Examination Board and not to any University and, therefore, the Rules applicable to a University Teacher do not apply to such an Institute.
Patna High Court LPA No.1936 of 2016 dt.10-07-2017 3/3 appeal we see no reason to make any indulgence. The appeal is dismissed.
(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 15.7.2017 Transmission Date N/A