Patna High CourtCWJC/13302/2015dismissed

Awadhesh Prasad v. The State Of Bihar And ORS

2016-03-08Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13302 of 2015 =========================================================== Awadhesh Prasad S/o - Late Shiwal Prasad Chaurasia resident of Village - Sabnahuadih, P.O. + P.S. - Harnaut, District - Nalanda. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.

2. The Principal Secretary, Education Department, Bihar, Patna.

3. The Director, Primary Education, Bihar, Patna.

4. The District Magistrate, Nalanda.

5. The District Education Officer, Nalanda.

6. The District Programme Officer (Estt.), Nalanda.

7. The Sub-Divisional Officer, Hilsa, Nalanda.

8. The Block Education Officer, Islampur, Nalanda.

9. The Chairman, Bihar School Examination Board, Patna, Bihar.

10. The Secretary, Bihar School Examination Board, Patna, Bihar.

11. Smt. Kalpana Kumari W/o - Sri Sitaram Prasad Headmistree-cum-Member Secretary, Sarvoday Uccha Vidyalaya, P.O. - Baurisarai, P.S. - Khudaganj, Block - Islampur, District - Nalanda.

12. Md. Mushtaque Ahmad Ansari Acting Headmaster, Khodaganj High School, Block - Islampur, District - Nalanda-cum-Convener, Sarvoday Uccha Vidyalaya, P.O. - Baurisarai, P.S. - Khudaganj, Block - Islampur, District - Nalanda.

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

For the Petitioner :

Mr. Rajeev Kumar Singh, Advocate For the State :

Mr. R.R.K. Pandey, S.C.29 For the Board :

Mr. Sanjeev Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 08-03-2016 Two claimants on the post of Principal or Acting Principal are emerging from this institution challenging the constitution of the Managing Committee which is Annexure-1. Earlier also, a person claimed himself to be the Principal of the school as well as the founder had moved before this Court whose writ application came to be dismissed on 10.04.2015 which was CWJC No.19953 of

Patna High Court CWJC No.13302 of 2015 dt.08-03-2016 2 / 2 2014.

It is evident that anybody and everybody is claiming himself to be the Principal of the school in question and challenging the constitution of the Managing Committee. The Court will not get into under Article 226 of the Constitution of India. Writ application is dismissed. Petitioner may file a suit and pray for an appropriate declaration.

(Ajay Kumar Tripathi, J.) Sanjay/- U