Janmejay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23582 of 2019 ====================================================== Janmejay Kumar Son of Lalan Prasad Resident of Village- Nagwan Dera, P.O.- Sorampur, P.S.- Janipur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary General Administration Department, Government of Bihar, Patna.

3.

The Principal Secretary Education Department, Govt. of Bihar, Patna. 4.

The Bihar School Examination Board Through its Secretary, Sinha Library Road, P.S.- Kotwali, District- Patna.

5.

Anand Kishore Son of not known to the petitioner, Chairman, Bihar School Examination Board, Patna Sinha Library Road, P.S.- Kotwali, DistrictPatna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Sharma, Adv.

For the Respondent/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-11-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

The present writ application, in the nature of Public

Patna High Court CWJC No.23582 of 2019(2) dt.29-11-2019 2/3 Interest Litigation is for issuance of an appropriate writ for quo warranto praying for the following relief/s:

(A) For issuance of writ in the nature of declaration/ or quo warranto for issuance of an office order vide Memo. No.12445 dated 15.09.2018 as contained in Annexure- 8 and notification no.15422 dated 27-11-2018 as contained in Annexure-10 by which Sri Anand Kishore, respondent No.5 who has been appointed to the post of Chairman, Bihar School Examination Board for 3 years with effect from 25-09-2017 is in utter violation of law laid down by the Supreme Court in the case of Taichi Taga Tara Vs. Rajendra Singh Bhandari reported in 2018(1) P.L.J.R. SC 130, violation of Article 14 of the Constitution of India, violation of Section 4(A), 4(4) and 4(A)(1) of the Bihar School Examination Board Act, 1952, arbitrary, mala fide, void, non-transparent, unreasonable, unfair, illegal and bad in law.

(B) Also declaring continuation of Anand Kishore, as Chairman, Bihar School Examination Board, Patna Respondent No.5 is illegal, arbitrary and mala fide, not proper in the interest of Bihar School Examination Board in the eye of law.

(C) Also for necessary relief/reliefs, order/orders, direction/directions for which the petitioner is entitled in the eye of law."

Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to approach the authorities concerned for redressal of his grievances. The writ petition is accordingly dismissed as

Patna High Court CWJC No.23582 of 2019(2) dt.29-11-2019 3/3 withdrawn with the liberty aforesaid.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U