Patna High CourtL.P.A/237/2015dismissed

Mahant Ramakant Das v. The State Of Bihar And ORS

2017-07-24The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.237 of 2015 Arising out of Civil Writ Jurisdiction Case No. 5303 of 2012 =========================================================== Mahant Ramakant Das, chela of Sheo Ram Das Jee, Resident of Village - Meghaul, P.O- Meghaul, Police Station - Khodawanpur, District - Begusarai .... .... Appellant/s

Versus

1. The State of Bihar through Chairman Bihar School Examination Board, Budh Marg, Patna

2. The Secretary Bihar School Examination Board, Budh Marg, Patna

3. The Director Bihar School Examination Board Higher Education, Budh Marg, Patna

4. Sub - Divisional Officer, Meghaul, Begusarai

5. Sri Eknath Pathak Son of Late Bindeshwari Pathak Resident of Village - Pahsara, Police Station - Naokothi, District - Begusarai

6. District Education Officer, Begusarai.

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

For the Appellant/s : Mrs. Archana Sinha, Advocate Smt. Shalini Bihari, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 24-07-2017 Delay of 145 days in filing of the appeal is condoned. I.A. No. 1063 of 2015 stands allowed and disposed of. Finding there to be an inter se dispute between members of a private School Managing Committee in the matter of formulating ad hoc Committee and issues related to functioning of the school and finding there to be serious dispute on facts, the learned Writ Court refused to exercise its jurisdiction, relegated the parties to

Patna High Court LPA No.237 of 2015 dt.24-07-2017 2/2 take recourse to the common law remedy considering the fact that the issue pertains to constitution of a Managing Committee in a private Institute.

In doing so, the Writ Court has not committed any error warranting reconsideration.

The Letters patent Appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 25.07.2017 Transmission Date