Bidya Nand Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.340 of 2016 IN Civil Writ Jurisdiction Case No. 8762 of 2014 ===========================================================

1. Bidya Nand Das son of Sri Vishwanath Das resident of village &PO Sanhuali Via Koshi College P.s Chitragupt Nagar District Khagaria At Present Secretary of the Managing Committee , Arya Kanya Uchch Vidyalaya Khagaria. .... .... Appellant/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Secondary Education,

2. The District Magistrate Cum Collector, Khagaria

3. The Additional District Magistrate, Khagaria

4. The District Education Officer, Khagaria

5. The In-charge, Head Master, Arya Kanya Uccha Vidyalaya, Khagaria .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Ram Jha, Advocate For the Respondent/s : Mr. Sushil Kr. Singh, AC to AAG-10 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 24-04-2017 On hearing learned counsel for the parties, we find that with regard to a minority education institute, the learned Writ Court has directed the District Magistrate of a particular district to get the election to the managing Committee conducted and take action in the matter.

Learned counsel for the appellant refers to the statutory rules and points out that District Magistrate is not authorized to take action with regard to a minority institute. As per the Statute, the power to take action is vested in the District

Patna High Court LPA No.340 of 2016 dt.24-04-2017 2/2 Education Officer or the Department of Education and as the direction issued by the learned Writ Court is contrary to the mandate of the Statute, the same is unsustainable.

In view of the submission aforesaid and finding them to be correct, we allow this appeal, quash the order impugned order dated 24.11.2015 and remand the matter back to the learned Writ Court for fresh consideration.

During the course of hearing, we have been informed that certain elections in pursuance to the impugned order passed in the writ petition have been held. As we are quashing the aforesaid order and we are informed that the subsequent election is also under challenge, the matter can be re-considered by the learned Writ Court in the light of this order and the parties can raise all objections in the matter in accordance with law.

With the aforesaid, this appeal is disposed off. (Rajendra Menon, CJ) (Sudhir Singh, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 28.4.2017 Transmission Date N/A