Patna High CourtCWJC/18690/2014dismissed

Raj Kumar Shukla College And ANR v. The State Of Bihar And ORS

2015-01-23Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18690 of 2014 ===========================================================

1. Raj Kumar Shukla College Satwariya Chanpatiya (West Champaran), through its Convenor, Adhock, Managing Committee Dr. Om Prakash Yadav Son of Late Basudeo Narayan Yadav resident of Professor Colony, Bettiah, P.S. - Muffasil Bettiah, District - West Champaran.

2. Sri Bashishtha Kunwr, Principal-cum-Secretary Raj Kumar Shukla College, Satawariya Chanpatiya (West Champaran) son of Sri Harihar Kunwar, resident at Awaraiya, P.O. - Awaraiya, P.S. - Mufasil, Bettiah, District - West Champaran. .... .... Petitioner/s

Versus

1.The State of Bihar through its Principal Secretary, Human Resources Development Department Government of Bihar, Patna. 2.The Principal Secretary Human Resources Development Department, Government of Bihar, Patna.

3. The Director Secondary Education, Government of Bihar, Patna.

4. The Chairman Bihar School Examination Board (S.S.) Patna.

5. The Secretary, Bihar School Examination Board (S.S.), Budh Marg, Patna.

6. Sri Lallan Jha, the District Education Officer, Bettiah, West Champaran.

7. The Bihar School Examination Board (S.S.), Budh Marg, Patna through its Secretary.

8. Ramesh Prasad Son of Late Jamuna Prasad, residing at Chanpatiya, Ward No. 4, Police Station - Chanpatiya, District - West Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Advocate Mr. Dhananjay Mishra, Advocate For the Respondent Nos. 1 to 3 & 6 : Mr. Sanjeet Kumar Singh, AC to AAG 10 For the Respondent Nos.4.5 & 7 : Mr. S.S.Mishra, Advocate For the Respondent No.8 : Mr. Ram Kishun Prasad, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL JUDGMENT Date: 23-01-2015 -------------- Heard the parties.

The petitioners are aggrieved by the order/communication dated 09.10.2014 (Annexure-5) issued by the Secretary, Bihar School Examination Board (Senior Secondary), Budh Marg, Patna directing the District Education Officer, West Champran, Bettiah for holding an enquiry with respect to the affairs of Raj Kumar Shukla Inter College, Chanpatiya, Bettiah (West Champaran) as also with respect to the issues indicated in that order/communication and submit a report for

Patna High Court CWJC No.18690 of 2014 dt.23-01-2015 2/2 taking appropriate decision. .

There appears to be some serious dispute between the petitioner no.2 and the respondent no.8 on the question of Principalship/Professor-in-chargesheep of the College in question as also with respect to affairs of the College in question. In view of the rival claims between the petitioners at one side and the respondent no.8 at other side, the Board has directed the District Education Officer, West Champaran, Bettiah to conduct an enquiry and submit his report.

Since the matter has been sent for an enquiry for coming to a right conclusion with respect to the College in question, this Court is not inclined to interfere with the order/communication as contained in Annexure-5. However, the petitioners shall be at liberty to lay their claims before the Inquiring Officer. In the result, the present writ petition has to fail and is, accordingly, dismissed.

(Birendra Prasad Verma, J) Tahir/- U