Ranjeeta Inter College Balram Sarai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5697 of 2017 ====================================================== Ranjeeta Inter College Balram Sarai, Ghoshi Jehanabad through its Secretary Arvind Kumar Verma Son of late Jhagru Prasad, Resident of Village- Murali Hill, Police Station- Kotwali, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Government of Bihar, Patna.

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

3. The District Magistrate, Jehanabad.

4. The District Education Officer, Jehanabad.

5. The Bihar School Examination Board, Patna through its Chairman, Patna.

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

7. The Secretary Senior Secondary School Examination Board, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None.

For Board : Mr. Ajay, Advocate.

For the Respondent/s : AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-06-2018 The petitioner is aggrieved by the letter dated 21.10.2016 issued by the Bihar School Examination Board (hereinafter referred to as the 'Board'), whereby the affiliation of the institution has been cancelled.

A counter affidavit has been filed on behalf of the Bihar School Examination Board justifying the action of cancellation of affiliation. A plea has been taken on behalf of the Board that the petitioner has statutory remedy of the appeal against the impugned action under the Bihar School Examination Board (Amendment)

Patna High Court CWJC No.5697 of 2017 (3) dt.18-06-2018 2/2 Act, 2011 and the Bihar School Examination Board Rule (Senior Secondary) Affiliation Regulation, 2011.

In view of the stand as taken, this application is dismissed on the ground that the petitioner has an alternative statutory remedy, without availing which, the petitioner has approached writ jurisdiction of this Court under Article 226 of the Constitution of India.

The petitioner shall, however, be at liberty to invoke the provision of appeal provided under the Act/Regulations. If any period of limitation is prescribed for preferring appeal, the concerned appellate authority shall be obliged to take into account the fact that the petitioner was pursuing his remedy before this court, for the relief as indicated above.

(Chakradhari Sharan Singh, J.) Rakhi/Anjula U