Udai Narayan Sharma And ANR v. Bihar School Examination Board And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4910 of 2015 ===========================================================
1. Udai Narayan Sharma, aged about 71 years, son of Late Ram Narayan Singh, resident of Village- Darmaha, Tola Katharia, P.O.- Darmaha, P.S.- Kesaria, District- East Champaran.
2. Dwand Bahadur Singh, aged about 74 years, son of late Bhikham Singh, resident of Village + P.O.- Siswa Patna, P.S.- Kesaria, District- East Champaran.
.... .... Petitioners
Versus
1. Bihar School Examination Board (Senior Secondary) through its Secretary, Buddha Marg, Patna.
2. The Chairman, Bihar School Examination Board (Senior Secondary), Buddha Marg, Patna.
3. The Secretary, Bihar School Examination Board (Senior Secondary), Buddha Marg, Patna.
4. The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.
5. The Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.
6. The District Magistrate, East Champaran.
7. The District Education Officer, East Champaran.
8. The Sub-Divisional Officer, Chakia, East Champaran.
9. The Governing Body as well as the Managing Committee constituted by notification dated 15.01.2015 (disputed) of Udai Narayan Sharma, Saryuga Kuwer and Radha Ballabh Prasad Singh College, Siswa Patna, BlockKalyanpur, District- East Champaran through its Chairman (disputed), namely Satish Chandra.
10. Satish Chandra @ Satish Chandra Gautam @ Chandan Singh, son of Subhash Prasad Singh, Resident of Siswa Patna, Block- Kalyanpur, P.S.- Kesaria, District- East Champaran.
11. Ram Naresh Prasad Singh, Son of late Sitaram Singh, resident of Village + P.O.- Siswa Kharar, Block- Kalyanpur, P.S.- Kalyanpur, District-East Champaran, Principal (disputed),Udai Narayan Sharma, Saryuga Kuwer and Radha Ballabh Prasad Singh College, Siswa Patna, Block- Kalyanpur, DistrictEast Champaran .
12. Bipin Bihari Prasad Sinha, son of Late Jangi Singh, Resident of Village + P.O.- Konhiya, Via- Rajpur, District- East Champaran, Convener of the then Ad-hoc Governing Body of Udai Narayan Sharma, Saryuga Kuwer and Radha Ballabh Prasad Singh College, Siswa Patna, Block- Kalyanpur, District- East Champaran .
.... .... Respondents =========================================================== Appearance :
For the Petitioners :
Mr. Arun Kumar, Advocate For the State :
Mr. Nivedita Nirvikar, G.A.10 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 03-03-2016
Patna High Court CWJC No.4910 of 2015 dt.03-03-2016 2 / 2 After having heard the learned senior counsel for the petitioners, counsel for the private respondents and the State including the counsel for Examination Board, keeping in mind the recent notification dated 13.05.2015 by virtue of which the Bihar State School Teachers and Employees Disputes Redressal Rules, 2015 has been notified, the issue raised herein in the present writ application in the controversial facts would be required to be examined and decided by the Regional Deputy Director, Muzaffarpur in whose jurisdiction the institution lies.
The Court makes it clear that the Court has not expressed any opinion on the merit of the rival claims or submissions so that the Regional Deputy Director adjudicates the matter with a clean slate and mind.
(Ajay Kumar Tripathi, J.) Sanjay/- U