Ram Lakhan Singh Yadav College, v. Bihar School Examination Board,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18237 of 2024 ====================================================== Ram Lakhan Singh Yadav College, Nawada, District Nawada through its Principal cum- Secretary Surendra Prasad Yadav (Male), aged about 57 Years, Son of Dharm Prasad Yadav, Resident of Village Bardaha, P.O. - Manjhauli, P.S. Parnadawar (Sirdala), District - Nawada. ... ... Petitioner/s

Versus

1.

Bihar School Examination Board, Higher Secondary, Budha Marg, Patna through its Secretary.

2.

The Chairman, Bihar School Examination Board, Higher Secondary, Budha Marg, Patna.

3.

The Secretary, Bihar School Examination Board, Higher Secondary, Budha Marg, Patna.

4.

The Deputy Secretary (College Establishment), Bihar School Examination Board, Higher Secondary, Budha Marg, Patna.

5.

State Bank of India through its General Manager, 4th Floor, West Gandhi Maidan, Patna.

6.

The Branch Manager, State Bank of India, Agricultural Development Bank, Nawada.

7.

The District Teacher Appointment Appellate Authority, Nawada through its Member.

8.

Vikas Singh Son of not known to the Petitioner the Officiating Secretary of the District Teacher Appointment Appellate Authority, Nawada. 9.

Meena Sinha W/o Rajo Yadav, Resident of Mohalla - Ram Nagar Nawada, Near Nawada Sadar, P.S. Nawada, District - Nawada, Pin - 805110. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Respondent/s :

Mr. P.K.Shahi, Adv. General For the Resp. 7 and 8 :

Mr. Ram Vinay Prasad Singh, Adv.

For the Resp. 9 :

Mr. Sudhir Kumar Singh, Adv.

Mr. S. Sandana, Adv.

For the Bank :

Mr. Rakesh Kumar Singh, Adv.

For the BSEB :

Mr. Gyan Shnakar, Adv.

Mr. Nilendy Chaudhary, Adv.

Mr. Ajay, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-02-2026 Heard the parties.

2. The petitioner claiming to be the Secretary of the

2/5 Ram Lakhan Singh Yadav College has approached this Court seeking a direction upon the State Bank of India, Agricultural Development Bank, Nawada to allow the operation of the Bank Account bearing Account No. 31090181998 and Account No. 31629312575 through the Governing Body/Managing Committee as notified by the Bihar School Examination Board vide Memo No. 2854 dated 10.10.2023.

3. Learned Advocate for the petitioner taking this Court to the letter bearing Memo No. 2854/D-2023 dated 10.10.2023 has submitted that the respondent Board after due consideration has constituted a Governing Body and Managing Committee in the college and the petitioner being the Principalcum-Member Secretary of the Governing Body as well as Managing Committee of the college, his name figured at serial no. 2. The aforesaid constituted Governing Body of the college held a meeting on 18.10.2023 and unanimously decided that the bank account of the college would be operated under the joint signature of the Principal-cum-Secretary as well as senior most teacher of the college. Since there was a rival claim and dispute in the Committees, hence the bank was not in a position to take a decision to allow either of the party to operate the bank account, therefore a guideline was also sought for by the

3/5 respondent Board.

4. In pursuant thereto, the respondent Board made a communication to the Bank through its letter bearing no. 3491 dated 07.12.2023 informing the bank that proper Governing Body/Managing Committee has been constituted by the Board and it is only such Governing Body and Managing Committee who will be entitled and responsible for operation of the bank account. Despite the afore-noted position, the State Bank of India has not allowed to operate the bank account and put a hold. In the meanwhile, the Board has come out with a letter no. 2015/D-2025 dated 18.12.2025 issued under the signature of the Deputy Secretary (College Establishment), Bihar School Examination Board, addressed to the petitioner college, by which the college has been directed to submit the utilization certificate of grant as was sent in favour of the college for the academic sessions 2013-15 and 2014-16 or to return the aforesaid amount failing which the First Information Report would be lodged.

5. The afore-noted order dated 18.12.2025 has also been questioned by filing interlocutory application bearing I.A. No. 1 of 2026. The respondent no. 9 also entered his appearance and submitted before this Court that she preferred an appeal

4/5 before the District Teachers Appellate Authority bearing Appeal No. 2 of 2022 for grant of salary, which has been denied because of the irregularities committed by the members of the Governing Body. On account of pendency of the afore-noted appeal, the Secretary of the District Appellate Authority has written a letter to the Bank to keep the accounts in question, on hold, and, as such, despite the order passed by the Board, the operation of the account could not be allowed to run by the newly constituted Managing Committee.

6. Learned Advocate for the respondent nos. 7 and 8 submitted that in the entire episode the concerned respondents have no role with respect to the operation of the accounts. However certain allegation has been levelled, against them, which are vehemently refuted.

7. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the fact that there is already a decision taken by the Board allowing the petitioner to operate the account in question, however, because of some allegations and dispute, the bank is facing difficulty to take an appropriate decision. Hence, in order to resolve the dispute once for all, this Court directs the Secretary of the Bihar School Examination Board to look into

5/5 the matter and take an appropriate decision forthwith respect to operation of the bank account and communicate the same to the Bank. It is made clear that on receipt of the said decision/order the bank will allow the concerned office bearer of the college to operate the accounts, in question, forthwith. It is expected that this exercise must be completed within four weeks from the date/receipt of a copy of this order.

8. In the meantime, the operation of the impugned order bearing letter no. 2015/D-2025 dated 18.12.2025 shall remain stayed.

9. The writ petition stands disposed off.

(Harish Kumar, J) supratim/- U