Patna High CourtCWJC/12643/2015disposed

Hira Kant Mandal v. The State Of Bihar And ORS

2017-07-26Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12643 of 2015 ======================================================

1. Hira Kant Mandal Son of Late Rama Kant Mandal, Resident of Vidyapuri, Ward No. 18, S.B.I. Road, Madhepur, Police Station - Madhepura, District - Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate - cum - Collector, Madhepura.

3. The Bihar School Examination Board (Senior Secondary), Budh Marg, Patna through the Chairman. null null

4. The Secretary, Bihar School Examination Board (Senior Secondary), Budh Marg, Patna.

5. The District Education OFficer, Madhepura, District - madhepura.

6. Prof (Dr. ) Krishnadeo Narayan Thakur, Son of Not Known, resident of Ward No. 04, College Chowk, Madhepura, District - Madhepura. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Respondent/s : Mr. Nawal Kishore Singh, AC to GP-26 For the Board : Mr. Yugesh Kumar For Respondent No.6 : MMr. Arbind Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-07-2017 Heard learned counsel for the parties.

Narayan Veena Jhalari Woman College, Udakishanganj, Madhepura, is affiliated to Bihar School Examination Board (Senior Secondary) (Hereinafter referred to as the Examination Board) Budh Marg, Patna, which is a privately managed institution. The petitioner is aggrieved by appointment of Respondent No.6 as Convener Member of the Managing Committee of the institution constituted with the permission of the Chairman of the Examination Board.

3. It is the petitioner's claim that he should have been allowed to continue as Convener of the Adhoc Managing Committee of the said institution.

4. Section 17B of the Bihar School Examination Board (Senior Secondary) Regulation, 2013, empowers constitution of Adhoc Committee with the permission of the Chairman of the Board, a Convener of which has to be nominated with the permission of the Chairman of the Board. The Adhoc Committee is to be constituted in case of non-constitution of the School Managing Committee/Governing Body.

5. The order impugned is dated 03.07.2015. After two years of passing of the order, it is not known why the Managing Committee/Governing Body has/have not been constituted under Regulations 17A (i) and 17A (ii) of the said Regulations.

6. The Adhoc Committee is to be constituted only as interim measure, in the absence of constitution of the Managing Committee/Governing Body. It cannot be allowed to continue for an indefinite period.

7. Considering the facts and circumstances, I dispose of this application with an observation that let the Managing Committee of the School be constituted within a period of three months from the date of receipt/production of a copy of this order.

8. This disposes of the application.

(Chakradhari Sharan Singh, J) ArunKumar/- U