Managing Committee Of Mahatma Naumi Narayan High School, Gopalganj v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1531 of 2014 IN Civil Writ Jurisdiction Case No. 15412 of 2010 =========================================================== Managing Committee Of Mahatma Naumi Narayan High School, Lamichaur, Anchal- Bhore, P.S. Bhore, District Gopalganj through its Secretary namely Parmanand Chaudhary. Son of Late Babu Chaudhary Resident of VillagePiyarauta, P.S.- Bhore, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sri Amarjit Sinha, The Principal Secretary, Human Resources Department, Government of Bihar, Patna.

3. Sri Ram Bujhawan Chaudhary, The Director, Secondary Education, Bihar, Patna.

4. Sri Brajesh Kumar Ojha, The Deputy Director, Secondary Education, Bihar, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Suraj Narain Yadav, Adv For the Respondent/s : Mr. Mritunjay Kumar, AC to GP-12 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 14-07-2017 Keeping in view the order passed by the respondents rejecting the case of the petitioner for affiliation after consideration, now on the ground that the considerations have not been made in accordance with the observations made by the Writ Court, I am of the considered view that it is not a fit case where action for contempt can be initiated. If the Writ Court was of the view that consideration has not been made properly, in spite of relegating the matter to the State Government and giving option to the State Government to proceed in accordance with law, the mandamus could

Patna High Court MJC No.1531 of 2014 dt.14-07-2017 2/2 have been issued by the Writ Court and the Writ Court having left the issue to be decided by the State Government, the contention now that the State Government has not decided the issue, keeping in view the observations made by the Writ Court, is not a sufficient ground for initiating action for contempt.

In the facts and circumstances of the case, I am not inclined to initiate any action for contempt. In case the petitioner has any grievance with regard to the manner in which his case for affiliation has been decided by the State Government, petitioner may have liberty to challenge the same, in accordance with law.

With the aforesaid, the application stands disposed of.

(Rajendra Menon, CJ) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18/07/2017 Transmission Date NA