Patna High CourtCWJC/6824/2018dismissed

Pramod Kumar v. The State Of Bihar And ORS

2018-07-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6824 of 2018 ===========================================================

1. Pramod Kumar, son of Late Sahajanand Sharma, Resident of Village- Nagwan, P.S.- Nauabatpur, District- Patna.

.... .... Petitioner/s

Versus

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

2. The Collector, Patna.

3. The Block Education Officer, Patna.

4. Sri Anil Kumar, Head Master, Government of Secondary School, Nagwan, P.S.- Naubatpur, District- Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ram Suhawan Singh For the State : Mr. Ram Vinay Prasad Singh, AC to GA12 =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 03-07-2018 The petitioner claims to be donor of the land over which Primary Middle School, Nagwan in the district of Patna is located. This is to be noticed that earlier also the petitioner had approached this Court claiming to be the donor of the aforesaid land and on that basis, claiming his right to be a member of the School Education Committee.

This Court, upon consideration of the plea, raised in regard, has held in the order dated 20.02.2018 passed in C.W.J.C. No. 14509 of 2017 that the members of the Committee are to be elected in accordance with the provision under Section 3 of the Bihar School

Patna High Court CWJC No.6824 of 2018 dt.03-07-2018 2/2 Education Committee Act, 2000.

In the present writ application, the petitioner is placing reliance on certain provisions under the Bihar Rajya Bachchon Ki Muft Ewam Aniwarya Siksha (Sansodhan) Niyamawali, 2013 in support of his contention that donor members have right to be a member of the School Education Committee.

I have perused clause (Chha) of Sub-rule 2 of Rule 13 of the Rules, which merely prescribes that donor belonging to a particular class shall be invited in meeting as special invited members. In that background, the relief being sought for by the petitioner cannot be granted.

Accordingly, this writ application is dismissed. (Chakradhari Sharan Singh, J.) Rakhi AFR/NAFR CAV DATE N.A.

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