Ram Narayan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14020 of 2012 ====================================================== Ram Narayan Singh, Son of Late Badri Nayan Singh, Resident of VillageHarpura, P.S.- Dulhin Bazar, District- Patna ... ... Petitioner/s

Versus

1. The State of Bihar through .........................., the Chief Secretary Govt. of Bihar, Patna

2. The Commissioner-Cum-Secretary, Human Resources Department (Higher Education) Govt. of Bihar, Patna

3. The Vice-Chancellor Magadh University, Bodh Gaya District- Gaya

4. The Registrar, Magadh University Bodh-Gaya District- Gaya

5. The Secretary Governing Body of Allam Iqwal College, Biharsharif, DistrictNalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Subhas Singh, Advocate For the Respondent/s :

Mr. Prashant Kumar, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 26-11-2018 This matter is listed under the heading for dismissal in view of the fact that earlier no one appeared on behalf of the petitioner to assist the Court.

2. The present writ application is pending since 2012. On 28.08.2012, the case was ordered to be listed along with C.W.J.C. No. 10530 of 2009. C.W.J.C. No. 10530 of 2009 was dismissed on 19.01.2013. Relevant part of the order dated 19.02.2013 is quoted herein below:

"18. In the facts of the case, we are of the considered view that no writ can be issued to grant any relief to the writ petitioner who is seeking a personal right of restoration of contract of service against Managing Committee of a private minority college. The writ petition

Patna High Court CWJC No.14020 of 2012 dt.26-11-2018 2/2 is, therefore, dismissed on the ground that no writ would lie against private respondents in absence of any right in the petitioner with corresponding duty of a public nature upon the respondents.

It goes without saying that, if so advised, the petitioner may seek his remedy through civil court of competent jurisdiction."

3. Considering the fact that the issue of maintainability of the writ application against the impugned action of the Governing Body of the same College was the subject matter in C.W.J.C. No. 10530 of 2009 and the same was dismissed, as such, no indulgence can be granted to the petitioner.

4. Accordingly, the writ application stands dismissed. (Anil Kumar Upadhyay, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.11.2018 Transmission Date