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Patna High CourtCWJC/22978/2018disposed

Bindeshwari Dubey College v. The State Of Bihar And ORS

2018-12-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22978 of 2018 ======================================================

1. Bindeshwari Dubey College, Kateya, Bihiya Bhojpur through its Vice President namely Shiv Kumar Yadav.

2. Shiv Kumar Yadav, Son of Dwarika Yadav, Resident of Village - Kateya, Police Station - Bihiya, District - Bhojpur. Presently working as Vice President of Managing Committee of Bindeshwari Dubey College, Kateya, Bihiya, Bhojpur.

... ... Petitioner/s

Versus

1. The State Of Bihar through Principal Secretary, Education Department, Patna.

2. The Director, Secondary Education, Education Department, Government of Bihar, Patna.

3. The District Education Officer, Bhojpur, Arrah.

4. The Chairman, Bihar School Examination Board, Higher Secondary, Patna.

5. The Secretary, Bihar School Examination Board, Higher Secondary, Patna.

6. Harendra Singh, Son of Late Ram Chandra Singh, Resident of Village - Saripur, Police Station - Sandesh, District - Bhojpur, Ara, presently working as the Postmaster at Village - Sikraul. Post Office - Sikraul Police Station - Rajpur, District - Buxar.

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Respondent/s :

Mrs. Shilpa Singh - GA12 Mr. Sunil Kumar, AC to GA12 For Board :

Mr. Ajay Behari Singh, Mrs. Seema Ghayala ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-12-2018 On careful examination of the pleadings of the writ petition, it is manifest that there is dispute in the Managing Committee of Bindeshwari Dubey College, Kateya, Bihiya Bhojpur. The petitioner is claiming to be the Vice President of the Managing Committee of the college and that respondent No. 6 is not the principal.

A dispute of this nature cannot be adjudicated in the

Patna High Court CWJC No.22978 of 2018(2) dt.04-12-2018 2/2 proceedings under Article 226 of the Constitution of India. The relief, which the petitioner is seeking, cannot be allowed. However, this Court directs the Secretary, Bihar School Examination Board, to look into the matter and ensure, within the four corners of the law, that the bonafide students of the college are not made to wrongly suffer in connection with ensuing Annual Intermediate Examination because of the private disputes amongst the members of the Managing Committee of the college in question.

This application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/Ragini U