Patna High CourtCWJC/7376/2011dismissed

Ritika Sarkar v. The State Of Bihar And ORS

2018-06-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7376 of 2011 ====================================================== Ritika Sarkar W/O Shri Vimal Kishore Village- Dharampur (TAJPUR Road), P.O. + District- Samastipur At Present Lecturer, Department Of Zoology (FIRST Post), Dr. Shaligram Mishra Mahavidyalaya, Gatiram Nagar, Dhruvgama, P.O.- Kalyanpur, District- Samastipur ... ... Petitioner/S

Versus

1. The State Of Bihar Through The Principal Secretary, Department Of Human Resources Development, New Secretariate, Government Of Bihar, Patna

2. The Secretary, Secondary Education, Human Resources Development, New Secretariate, Government Of Bihar, Patna

3. The Director, Secondary Education, Human Resources Development, New Secretariate, Government Of Bihar, Patna

4. The Regional Deputy Director Of Education, Darbhanga Division, Darbhanga

5. The Bihar School Examination Borad (HIGHER Secondary) Through Its Secretary, Buddha Marg, Patna

6. The Director (EDUCATIONAL), Bihar School Examination Board, (HIGHER Secondary), Buddha Marg, Patna

7. The Deputy Secretary, Bihar School Examination Board, (HIGHER Secondary), Buddha Marg, Patna

8. The District Magistrate, Samastipur

9. The Sub Divisional Officer, Samastipur

10. The District Education Officer, Samastipur

11. Ashok Prasad Verma, Ex M.L.A., The Chairman Of Dr. Shaligram Mishra Mahavidyalaya, Gatiram Nagar, Dhruvgama, P.O.- Kalyanpur, DistrictSamastipur At Present Village- Chandharpur, P.O.- Muktapur, BlockKalyanpur, District- Samastipur

12. The Present Secretary, Dr. Shaligram Mishra Mahavidyalaya, Gatiram Nagar, Dhruvgama, P.O.- Kalyanpur, District- Samastipur

13. Dr. Rajeshwar Prasad Mishra S/O Late Dr. Shaligram Mishra At Present Secretary Of Dr. Shaligram Mishra Mahavidyalaya, Gatiram Nagar, Dhruvgama, P.O.- Kalyanpur, District- Samastipur

14. The Principal, Dr. Shaligram Mishra Mahavidyalaya, Gati Ram Nagar, Dhruvgama, P.O.- Kalyanpur, District- Samastipur

15. Dr. Keshav Kumar Singh S/O Shri Baleshwar Singh At Present Principal Of Dr. Shaligram Mishra Mahavidyalaya, Gati Ram Nagar, Dhruvgama, P.O.- Kalyanpur, District- Samastipur

16. Shri Akhilesh Mishra S/O Late Shaligram Mishra The Then In-Charge Secretary, Dr. Shaligram Mishra Mahavidyalaya, Gatiram Nagar, Dhruvgama, P.O.- Kalyanpur, District- Samastipur

17. Shri Amresh Kumar Mishra S/O Shri Akhilesh Mishra At Present Prakhand Shikshak In Rajkiya Madhya Vidyalaya, Morsand Pusa, District- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Manoj Kr. Ambasta SC-26 Mr. Tripurari Nath Ambastha, AC to SC-26

Patna High Court CWJC No.7376 of 2011 dt.25-06-2018 2/2 For BSEB :

Mr. Ranjit Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 25-06-2018 In view of the fact that CWJC No. 14670 of 2008 was dismissed by a Co-ordinate Bench of this Court vide order dated 4.8.2014, this court does not find any justification to enter into the merit of this case in the present proceeding as by order dated 1.2.2012 this case was directed to be listed after disposal of CWJC No. 14670 of 2008 which was dismissed as not maintainable because the matter related to a privately managed Governing Body. The present writ petition is also against a private Managing Committee.

In addition thereto the writ petition against a privately managed Governing Body is not maintainable in view of the law laid down in the case of Vaishya Degree College reported in AIR 1976 SC 888.

Considering the above, the court is not inclined to interfere with the matter. The writ petition is accordingly dismissed.

spandey/- (Anil Kumar Upadhyay, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 27.06.2018 Transmission Date