Maharaja Harendra Kishore Inter College v. The Bihar School Examination Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8244 of 2018 ====================================================== Maharaja Harendra Kishore Inter College, Maharaja Nagar, P.O. & P.S.- Motihari, District- East Champaran (Bihar) through its Principal cum Secretary Smt. (Prof.) Tripti, Wife of Rai Suman Sharma. ... ... Petitioner

Versus

1. The Bihar School Examination Board, Sinha Library Road, Patna- 800017 (Bihar) through its Secretary.

2. The Chairman, The Bihar School Examination Board, Sinha Library Road, Patna- 800017 (Bihar).

3. The Secretary, The Bihar School Examination Board, Sinha Library Road, Patna- 800017 (Bihar).

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

5. The District Education Officer, East Champaran (Motihari).

6. The District Programme Officer (Establishment), East Champaran (Motihari). ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Giri Mr. Santosh Kumar Mishra For the Respondent State: Mr. Madhukar Mishra, AC to SC-16 For the BSEB :

Mr. Gyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-08-2018 It is claimed that Maharaja Harendra Kishore Inter College, Maharaja Nagar, Motihari, is a Government aided institution, managed and run by a managing committee approved by the Bihar School Examination Board. This application has been filed on behalf of the said College through its Principal seeking direction to the respondent Bihar School Examination Board to approve and register the managing committee said to have been constituted by the second donor member, Sri Yogendra Pandey. There is a statement made in the writ application that a managing committee was constituted in

Patna High Court CWJC No.8244 of 2018(2) dt.08-08-2018 2/2 the year 2015 by the first donor member and when the term of the said managing committee came to an end, a new managing committee has been constituted on 12.12.2015, for which requisite approval has been sought by the Bihar School Examination Board through letter dated 12.12.2017, which has been brought on record by way of Annexure-7 to the writ application.

Considering the nature of grievance and after having heard learned counsel for the petitioner, learned counsel representing the Bihar School Examination Board and learned counsel representing the State of Bihar, this writ application is disposed of with a direction to the Secretary, Bihar School Examination Board, to ensure that a decision is taken on the representation of the petitioner within two months from the date of receipt/production of a copy of this order. It is indicated that I have not gone into the correctness or otherwise of the claim of the petitioner with respect to valid constitution of the committee by the so-called second donor member, namely, Yogendra Pandey.

The writ application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U