Patna High CourtCWJC/17591/2015disposed

Kailash Nath Upadhayay v. The Bihar School Examination Committee Higher Secondary And ORS

2016-09-17Mr. Justice Jyoti Saran1 pages

Patna High Court CWJC No.17591 of 2015 dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17591 of 2015 =========================================================== Kailash Nath Upadhayay, Son of Late Achtya Nand Upadhyay, R/o- Mohalla- Kadinabad, P.S.- Lalit Narayan Mithila University, District- Darbhanga. .... .... Petitioner/s

Versus

1. The Bihar School Examination Committee (Higher Secondary), Budha Marg, Patna.

2. The Secretary, Bihar School Examination Committee (Higher Secondary), Budha Marg, Patna.

3. Cr. Budhadev Prasad Singh, Son of Late Ram Ratan Singh, Resident of VillageSahapur, P.S.- Benipatti District- Madhubani at present working as Principal Mahakavi Kalidas Surya Dev Mahavidayalaya, Trimuhan- Chandauna, District- Darbhanga.

4. The State of Bihar through Principal Secretary, Education Department, New Secretariat, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pratap Sharma For the Respondent/s : Mr. R.K. Priyadarshi, SC-32 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 17-09-2016 Heard Mr. Pratap Sharma, learned counsel appearing for the petitioner and learned counsel appearing for the Examination Board.

The petitioner is aggrieved by the order dated 14.9.2015 passed by the Co-ordinator -cum- Principal, Mahakavi Kalidas Surya Dev Mahavidyalaya, District- Darbhanga, a college affiliated with the Lalit Narayan Mahila University.

Considering that the college in question is under the management of a Private Governing Body, the dispute raised is an interparte dispute not amenable to the writ jurisdiction under Article-226 of the Constitution of India.

The writ petition is held not maintainable and is disposed of accordingly.

The petitioner, if so advised, may take recourse to such other remedy as may be available to him under the law. (Jyoti Saran, J) deepika/- U