Sunil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12574 of 2010 ===========================================================

1. Sunil Kumar S/O Late Rajo Singh R/O Vill.- Tilaura, P.S. Wazirganj, Distt.- Gaya, Presently Working As Lecturer, Department Of Philosophy, Wazirganj College, Wazirganj, Distt.- Gaya .... .... Petitioner

Versus

1. The State Of Bihar

2. The Principal Secretary, Human Resources Development Department, Govt. Of Bihar, Patna

3. The Director, Higher Education, Govt. Of Bihar, Patna

4. The Magadh University, Bodh Gaya through the Vice Chancellor

5. The Vice Chancellor, Magadha University, Bodh Gaya

6. The Registrar, Magadh University, Bodh Gaya

7. The Principal, Wazirganj College, Wazirganj, Distt.- Gaya

8. The Secretary, Governing Body Of The Wazirganj College, Wazirganj, Distt.- Gaya

9. Radhe Shyam Sharma S/O Late Bechan Sharma R/O Vill.- Ramdih, P.S. Goh, Distt.- Aurangabad, Presently Working As Lecturer, Department Of Philosophy, Wazirganj College, Wazirganj, Distt.- Gaya

10. Sunil Kumar S/O Saryug Lal R/O Vill.- Kajur, P.S. Atari, Distt.- Gaya, Presently Working As Lecturer, Department Of Philosophy, Wazirganj College, Wazirganj, Distt.- Gaya .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. S.B.K.MANGALAM For the Respondent/s : Mr. (GP11) =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 27-01-2015 Heard.

On perusal of the writ petition, it appears the grievance mainly relate to the respondent Nos. 7 and 8 who are Principal, Wazirganj College, Wazirganj ( for short 'the College') and Secretary of the governing body of the said College. From the averments made in the writ petition, it does not appear that any pleadings has been

Patna High Court CWJC No.12574 of 2010 dt.27-01-2015 2/2 made with regard to the status of the respondent Nos. 7 and 8. In this context the statements made in the counter affidavit filed on behalf of the respondent no.7 (Principal of the College) assume relevance wherein it has been stated that the College is governed by a privately managed body and in view of the law laid down by this Court in 1987 PLJR 964 and 2013(1) PLJR 269, the writ petition would not be maintainable. The application is, therefore, dismissed. Dismissal of this application shall, however, not preclude the petitioner from agitating his grievance before the appropriate forum/Authority in accordance with law. (Kishore Kumar Mandal, J) Shyam/- U