Ramadhar Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5444 of 2016 ====================================================== Ramadhar Ray S/o Sri Ram Padarath Rai Resident of Village PO- Rampur, PS Hassanpur District Samastipur.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director Higher Secondary, Education Department, Patna 3.

The Secretary Bihar School Examination Board, Bihar Patna. 4.

The District Education Officer, Samastipur.

5.

The Chairman , Bhardwaz Inter College, Sakarpur,Hassanpur,Raod, Samastipur.

6.

Mr. Arvind Kumar Singh In charge Principal Bhardwaz Inter College Sakarpur Hassanpur Road Samastipur.

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate.

For the State :

Mr. Sc12- Prabhat Kumar Singh For the BSEB :

Mr. Sunil Kumar Mandal, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner by the instant writ application has prayed for a direction to the respondents authority to make payment of grant amount to the petitioner for education Sessions 2007-09 and onwards till his retirement i.e. 31.1.2013.

3. At the outset learned counsel for the respondents referring to the counter affidavit filed on behalf of the Secretary, Bihar School Examination Board (Respondent No. 3) submits that the prayer of the petitioner in the instant writ application is

Patna High Court CWJC No.5444 of 2016(3) dt.05-10-2023 2/2 not only misconceived but is not maintainable for the reason that the grant in aid is being directly sent to the managing committee/governing body of the college concerned by the State Government.

4. The writ application is mainly against the Managing Committee who have not been made respondents herein. Further, writ application against Managing Committee is not maintainable in view of the judgment of this Court in the case of Jai Shankar Tiwary Vs. the State of Bihar and others reported in 2012 (4) PLJR 379.

5. Having heard learned counsel for the parties and taking into consideration the submission made on behalf of the respondents together with the above decision in the case of Jai Shankar Tiwary (supra) this application is held to be not maintainable and is accordingly dismissed.

(Partha Sarthy, J) S.Ali/- U T