Patna High CourtL.P.A/909/2016disposed

Md. Khurshid Alam v. The Principal Secretary, Human Resources And Development Department, Government Of Bihar, Patna An

2017-08-04The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.909 of 2016 Arising out of Civil Writ Jurisdiction Case No. 7303 of 2015 =========================================================== Md. Khurshid Alam, Son of Late Sadre Alam, Secretary of Sadre Alam Memorial Inter Science College, Kaghzi Mohalla, Biharsharif, Nalanda. .... .... Appellant/s

Versus

1. The Principal Secretary, Human Resources and Development Department, Government of Bihar, Patna.

2. The Director Education of Higher Secondary Education, Bihar, Patna.

3. The Special Director Education, Government of Bihar, Patna.

4. The Chairman, Bihar School Examination Board, Bihar, Patna.

5. The Secretary, Bihar School Examination Board, Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Rupak Kumar, Advocate For the BSEB : Mr. Girijesh Kumar, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 04-08-2017 This petition has been filed by one Sri Md. Khurshid Alam and the prayer made is that the amount of Rs. 2,10,000/- deposited be refunded back.

At the instance of the appellant Md. Khurshid Alam who claims to be Secretary of an Institute in question, we are not inclined to issue any such direction. Either the Institute should file the appeal or the appeal should be filed in accordance with law after proper authorization by the Institute to an authorized officer/person. These requirement of law being lacking, we are not inclined to issue

Patna High Court LPA No.909 of 2016 dt.04-08-2017 2/2 any direction. Liberty shall be available to the Institute to initiate proceedings in accordance with law.

With the aforesaid, the Letters Patent Appeal stands disposed of.

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

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 08.08.2017 Transmission Date