Patna High CourtL.P.A/1314/2015dismissed

Rekha Agrawal @ Rekha Devi And ORS v. The State Of Bihar And ORS

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1314 of 2015 IN Civil Writ Jurisdiction Case No. 4909 of 2015 ===========================================================

1. Rekha Agrawal @ Rekha Devi, W/o Pradeep Kumar Agrawal, resident of village Loukaha P.S. Loukaha, District Madhugbani at present working and posted as Assisstant cum Typist Janta College Loukaha, Madhubani.

2. Md. Khurshid Alam, Son of Md. Hanif, resident of village Harisaha, P.S. Andhara Math, district Madhubani at present working and posted as Lecturer in Urdu Department, Janta College Wokha Madhubani.

3. Satyendra Jha, Son of Takkan Jha, resident of village Barua, P.S. Andhara Math District Madhubani, working and posted as Lecturer in Labour and Social Welfare Department, Janta College Loukaha Madhubani.

4. Ratneshwar Mandal, Son of Dev Narayan Mandal, resident of village Kushmahi, P.S. Andhara Math, District Madhubani at present working and posted as Lecturer in Economics department, Janta College, Loukaha, Madhubani.

5. Birendra Kumar, Son of Late Mohan Yadav, resident of village Dudhaila, P.S. Andhara Math, District Madhubani at present working and posted as Lecturer in History Janta College Loukaha. Madhubani.

6. Md. Seraj Ahmad @ Md. Seraj Son of Md. Isha, resident of village Ghor Mahua, P.S. Loukaha at present working and posted as the Assistant Janta College Loukaha, Madhubani.

.... .... Petitioners- Appellant/s

Versus

1. The State of Bihar through District Magistrate, Darbhanga,

2. Sub Divisional Officer Fulparas, District Madhubani.

3. Principal Secretary, Education Department , New Secretariat, Patna.

4. Bihar School Examination Board (Higher Secondary Prima) through as Chairman.

5. Jawahar Jha, Son of not known at present working as Principal Incharge Janta College Loukaha, P.O. and P.S. Loukaha, district Madhubani

6. Dr. Mukhta Ahmad S/o Late Safiur Rahman at Post-Karioth P.S- Loukhi DistMadhubani the than Principal Janta College P.O. + P.S- Loukaha DistrictMadhubani.

7. Managing Committee Janta College, Loukaha, P.O. and P.S. Loukaha, district Madhubani through its Secretary.

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

For the Appellant/s : Mr. Md. Shahnawaz Ali, Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Patna High Court LPA No.1314 of 2015 dt.08-08-2017 2/2 Date: 08-08-2017 Having heard learned counsel for the parties, we find no error in the order passed by the learned Writ Court dismissing the writ petition as a writ of mandamus cannot be issued against a private institute and relying upon the judgment of the Division Bench in the case of Santosh Kumar Vs. The State of Bihar & Ors. [2013(1) PLJR 269] and holding that the writ petition is not maintainable, no error has been committed by the writ Court. The appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.08.2017 Transmission Date