Patna High CourtCWJC/16121/2014disposed

Sunil Kumar Jaiswal v. The State Of Bihar And ORS

2018-08-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16121 of 2014 ====================================================== Sunil Kumar Jaiswal Son of Prahlad Prasad Jaiswal Resident of Sabji Mandi Road, PS. Raxaul, District- East Champaran ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department, Government of Bihar

3. The Sub-Divisional Magistrate, Sitamarhi, Sadar-cum-Convener, Pandit Deen Dayal Upadhyay Memorial College, Bairgania, (Sitamarhi)

4. The Principal, Pandit Deen Dayal Upadhyay Memorial College, Bairgania, (Sitamarhi)

5. Sri Fanindra Kumar Chaudhary Son of Late Bishwanath Chaudhary, resident of village- Dharvara, P.O. & P.S.- Mejarganj, District- Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Kuar, Advocate For the Respondent/s :

Mr. Nivedita Nirvikar, GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 07-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. Learned counsel for the petitioner submits that the petitioner was appointed in the college in question which is Government Aided Intermediate College.

3. The dispute as to performance based grant to such intermediate college is amenable to appellate forum under the Bihar Secondary School Examination Board Affiliation Regulation.

4. Accordingly, the writ petition is disposed of with a liberty to the petitioner to approach the Appellate authority

Patna High Court CWJC No.16121 of 2014 dt.07-08-2018 2/2 constituted under the Bihar School Examination Board Affiliation Regulation and the appellate authority is required to decide the appeal on its own merit after condoning the delay in filing the same as the present writ application involving the same issue remained pending in this Court for nearly four years. (Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.08.2018 Transmission Date