M. K. College Muni Lal Karpuri College v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10366 of 2016 =========================================================== M. K. College (Muni Lal Karpuri College), Bhutahi, Sitamarhi through its Principal namely, Ram Sherstha Bhagat, Son of Late Ram Bilash Bhagat, Resident of Parsawa Mahind, P.S. Sonbarsa, District Sitamarhi. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Education, Government of Bihar, Vikash Bhawan, Patna.

3. The Director, Higher Education, Department of Education, Government of Bihar, Vikash Bhawan, Patna.

4. The Bihar School Examination Board (Higher Secondary), Bihar, Patna through its Secretary.

5. The Chairman, Bihar School Examination Board (Higher Secondary), Bihar, Patna.

6. The Secretary, Bihar School Examination Board (Higher Secondary), Bihar, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Arun Kumar Singh, Advocate For the State :

Mr. Kaushal Kumar Jha, AAG14 For the Board :

Mr. Sanjeev Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 24-10-2016 Heard counsel for the petitioner, counsel for the State and counsel for the Examination Board.

What the Court apprehended or anticipated is what has emerged from the counter affidavit filed on behalf of the Examination Board.

The writ application was filed seeking a direction for release of funds in favour of the college in question, which was not being done by Bihar School Examination Board. The reason for nonrelease is an ongoing war of supremacy between two persons, namely,

Patna High Court CWJC No.10366 of 2016 dt.24-10-2016 2 / 2 Ram Shrestha Bhagat, the petitioner and one Sri Ram Shrestha Raut. There are cases and counter cases before various courts including criminal courts alleging defalcation etc.

Since the Principal of the college in question is also the Secretary of such institution in the ongoing war of attrition, the Examination Board has done no wrong by not releasing funds in favour of either of the two claimants, whoever may be the sufferer. It is left open for the petitioner either to approach a civil court of competent jurisdiction and get a declaration to settle the dispute among themselves or approach the Examination Board jointly. This writ application is dismissed with liberty as above. (Ajay Kumar Tripathi, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE Uploading Date 25.10.2016 Transmission Date