Patna High CourtCWJC/20441/2016disposed

Krishna Kumari Devi v. The State Of Bihar And ORS

2017-12-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20441 of 2016 ====================================================== Krishna Kumari Devi, S/o Late Sinhal Dev Singh, R/o Village- Telia Bandh, P.O.- Madhopur, P.S.- Manjha, District- Gopalganj. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Bihar, Patna.

3. The Bihar School Examination Board (Higher Education), through its Chairman, Budhmarg, Patna.

4. The Chairman, Bihar School Examination Board (Higher Education), Budhmarg, Patna.

5. The Secretary, Bihar School Examination Board (Higher Education), Budhmarg, Patna.

6. The Director (Training), Bihar School Examination Board (Higher Education), Budhmarg, Patna.

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

For the Petitioner/s : Mr. Dhananjay Kumar Upadhyay, Advocate For the Respondent/s : Mr. Prabhakar Jha- Gp27 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-12-2017 The petitioner claims to be donor of Ajit Kumar Singh Inter College, Paltu Hata, Siwan. A direction has been sought in the present application to the respondents to hear her before deciding the question of donor of said Ajit Kumar Singh Inter College, Paltu Hata, Siwan.

The petitioner claims to be donor on the ground that she had donated Rs.25,000/- for the School in respect thereof a receipt was issued on 4.1.2007. The said receipt has been brought on record vide Annexure-3. It does not appear from the said annexure

Patna High Court CWJC No.20441 of 2016 (2) dt.06-12-2017 2/2 that it was the petitioner, who had deposited the amount. It also appears that subsequently the issue of donors of the College has been decided by the Bihar School Examination Board by an order dated 28.2.2017 passed in compliance of an order of this Court in case of Bacha Singh vrs. The State of Bihar and others dated 1.12.2015, C.W.J.C. No.7030 of 2014.

Considering the nature of the dispute which the petitioner has raised in the present application and the Interlocutory Application being I.A. No.1702 of 2017 in order to assail subsequent action of deciding the question of donor members of the College, I do not consider it proper to entertain the same in present jurisdiction under Article 227 of the Constitution of India. The petitioner shall, however, be at liberty to prefer appeal before competent forum, if permissible, in accordance with law.

The petition stands disposed of.

(Chakradhari Sharan Singh, J) N.H./- U