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Patna High CourtCWJC/9709/2016allowed

The Principal Cum Secretary, Sant Binoba, Inter College Bharatkhand Parbatta v. The State Of Bihar And ORS

2016-12-02Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9709 of 2016 =========================================================== The Principal Cum Secretary, Sant Binoba, Inter College Bharatkhand Parbatta, District Khagaria through Braj Bhushan Mishra Son of Late Dilip Narayan Mishra Resident of Bharatkhand, Police Station Parbatta, District Khagaria. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Department, Government of Bihar, Patna.

2. The Secretary Department of Education, Government of Bihar, Patna.

3. The Secretary Bihar School Examination Board, Patna.

4. The Chairman Bihar School Examination Board, Patna.

5. The Member, District Appellate Authority, Khagaria.

6. The District Magistrate, Khagaria.

7. Rabindra Chandra Roy (lecturer) Sanskrit Department Son of Not Known

8. Arvind Kumar Singh (lecturer) Hindi Department Son of Not Known

9. Vijay Kumar Singh (lecturer) Economics Department Son of Not Known

10. Nawal Kishore Singh (lecturer) Maithily Department Son of Not Known

11. Anmol Kumar Singh (Cashier) Son of Not Known

12. Bishwamohan Singh (lecturer) Son of Not Known

13. Jawahar Singh (Lab Boy) H. Sc. Department Son of Not Known

14. Niranjan Kumar Chaudhary (lecturer) Sanskrit Department Son of Not Known

15. Bimal Kishor Singh (lecturer) Histroy Department Son of Not Known

16. Sant Kumar Singh (Cashier) Son of Not Known

17. Ajit Kumar Singh (lecturer) Maithily Department Son of Not Known

18. Jata Shankar Singh (lecturer) Economics Department Son of Not Known

19. Shiv Shankar Mishra Son of Not Known

20. Bahadur Sharma Son of Not Known

21. Khokho Munio Son of Not Known All 7 to 21 are Employees of Sant Binoba, Inter College Bharatkhand Parbatta, District Khagaria. .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Shravan Kumar, Senior Advocate Mr. Satish Kumar Singh, Advocate Mr. Dinesh Maharaj, Advocate For the State :

Mr. AC to SC5 For the BSEB :

Mrs. Namrata Mishra, Advocate For Res. No.7 :

Mr. Suraj Narain Yadav, Advocate Mr. Pramod Rajpati, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 02-12-2016 Having heard learned senior counsel for the petitioner, the private respondents as well as the State, there does not seem to be

Patna High Court CWJC No.9709 of 2016 dt.02-12-2016 2 / 2 any disagreement at least on one issue that the District Appellate Authority, Khagaria, which had initially passed an order contained in Annexure-1 and whose order's review is bring sought does not have requisite authority and jurisdiction to decide cases of such nature of institutions of Intermediate level, which the college in question is. If that be so, Annexure-3 would be required to be quashed. Annexure-3 stands quashed. Writ is allowed. The parties now are free to take their legal battle where the jurisdiction lies. (Ajay Kumar Tripathi, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.12.2016 Transmission Date NA