Patna High CourtC. REV./353/2014dismissed

Arvind Kumar Singh v. Ugan Triveni College Through Its Secretary And ORS.

2015-05-13Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.353 of 2014 In Civil Writ Jurisdiction Case No. 11639 of 2010 ====================================================== Arvind Kumar Singh, Son of Sri Rama Kant Prasad Singh, resident of At & P.O.-Rupas, P.S.-Athmalgola, District-Patna.

.... .... Petitioner/s

Versus

1. Ugan Triveni College through its Secretary, Chamtha, Barkut, P.S.- Bachbara, District-Begusarai.

2. Principal, Ugan Triveni College, Chamtha, Barkut, P.S.-Bachbara, District-Begusarai.

3. Surendra Kumar Choudhary, through Principal, Ugan Triveni College, Chamtha, Barkut, P.S.-Bachbara, District-Begusarai.

4. The State of Bihar through the Director, Secondary Education, Human Resources Department, New Secretariat, Patna.

5. The District Education Officer, Begusarai. .... .... Respondent/s-Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dhruba Mukherjee, Sr. Advocate Mr. Neeraj Kumar, Advocate For the Respondent/s : Mr. Prabhat Kumar, Advocate (AC to GA-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2015 Heard learned counsel appearing on behalf of the parties.

This is an application seeking review of an order

Patna High Court C. REV. No.353 of 2014 (3) dt.13-05-2015 2/3 dated 15.09.2014 passed in C.W.J.C. No. 11639 of 2010, whereby, this Court had dismissed the writ application filed on behalf of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that there is apparent error of record in the order dated 15.09.2014 under review, inasmuch as, it has been mentioned that respondent no. 5 was appointed as Lecturer in the said college on the basis of the recommendation of the Bihar College Service Commission. He has submitted that there is no such averment in any of the counter affidavits filed on behalf of the respondents and there is an averment with respect to appointment of the Principal of the college on the basis of the recommendation of the Bihar College Service Commission on the post of Principal and not with respect to the petitioner.

I have considered the submission made on behalf of the petitioner. He appears to be correct in his submission to the extent that there is an error of record. There is no averment in any of the pleadings that respondent no. 5 was appointed on the basis of the recommendation of Bihar College Service Commission.

Patna High Court C. REV. No.353 of 2014 (3) dt.13-05-2015 3/3 However, I am of the opinion that this aspect would not change the result of the writ application, as there appears to be dispute between two persons working in privately managed institution. Such dispute cannot be gone into by this Court in this writ application under Article 226 of the Constitution of India.

This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) Praveen-II/- U