Mahant Nagendra Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.806 of 2017 =========================================================== Mahant Nagendra Das, Chela of Late Mahanth Ram Baidehi Sharan @ Ramdas Jee, Sri Sri 1008 Sri Siya Bihar Kunj, Thakurbari, Rajpur, Mainpura, P.S. Sri Krishna Puri, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Chairman, Bihar School Examination Board, Buddha Marg, Patna .

4. The Secretary, Bihar School Examination Board, Buddha Marg, Patna (Now, Bihar Intermediate Education Council, vested in Bihar School Examination Board).

5. The District Education Officer, Patna.

6. Dr. Bimal Narain Arya so called Principal, Mahant Hanuman Sharan College, Rajapur, Mainpura, P.S. Sri Krishna Puri, District - Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. JITENDRA KR. ROY NO. 1- SC13 Mr. Dhirendra Kumar Roy, Adv.

For B.S.E.B. : Mr. Manish Kumar, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 11-12-2017 There is no representation on behalf of the petitioner. The petitioner is aggrieved by an order dated 22.04.2015 passed by the Chairman, Bihar School Examination Board whereas, the petitioner's claim of being donor of Mahanth Hanuman Sharan College, Rajapur, Mainpura has been rejected. The petitioner claims to be Chela of Late Mahanth Ram Baidehi Sharan, who had made donation to the said College.

From the impugned order, I notice that the petitioner had

Patna High Court CWJC No.806 of 2017 dt.11-12-2017 2/2 approached this court earlier. The Chairman of the Bihar School Examination Board in compliance of order passed by this court in C.W.J.C. No. 3133/2011, Director, Secondary Education Department, Government of Bihar had considered the case of the petitioner and had rejected his application. He is said to have concealed the fact and approached this court again seeking the same relief. It further appears that there is dispute as to who is the Chela of Mahanth who is said to have made donation. The Chairman of the Bihar School Examination Board has taken note of the fact that there is no provision for declaring the heirs/successors of a donor as the donor of the College.

The disputes which are there cannot be adjudicated upon under Article 226 of the Constitution of India. I do not find any merit in this application, in view of the findings recorded in the impugned order passed by the Chairman, Bihar School Examination Board. This application has no merit and is accordingly dismissed. (Chakradhari Sharan Singh, J) Vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date13.12.2017 Transmission Date NA