Manoj Kumar v. The Chancellor Of University Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17945 of 2023 ====================================================== Manoj Kumar S/o Sh Mahendra Prasad Singh, working Teacher of Navodaya Vidyalaya, Garhwa Jharkhand, Permanent resident of Mohalla-Biratpur (Dr. S.D. Singh Path), P.S. (Town) Nagar Thana, District-Aurangabad (Bihar)- 824101.

... ... Petitioner/s

Versus

1.

The Chancellor of University of Bihar Raj Bhawan, Patna-800022. 2.

The Principal Secretary of Governor Secretariat, Raj Bhawan, Patna. 3.

The O.S.D. Raj Bhawan, Secretariat Raj Bhawan, Patna-800022. 4.

The State of Bihar through Principal Secretary, Law Department, Govt. of Bihar, Patna.

5.

The Additional Secretary Law Department, Old Secretariat, Govt. of Bihar, Patna.

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

For the Petitioner/s :

Mr.Manoj Kumar (In Person ) For the Respondent/s :

Mr.P.K.Shahi, Advocate General Mr. Vikas Kumar, Advocate Mr. Rajesh Kumar, Advocate Mr. Vipin Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-01-2024 The petitioner claims to be a Science Teacher in Jawahar Navodaya Vidyalaya, District Garhwa, State of Jharkhand. The petitioner has filed the above public interest litigation seeking a direction to Respondent No. 1 (Chancellor

Patna High Court CWJC No.17945 of 2023 dt.05-01-2024 2/3 of University) to consider his representation on 20.01.2023. The petitioner also speaks of an R.T.I. application made on 27.01.2023 (Annexure-2) to the Public Information Officer of the Raj Bhawan, Patna, which is stated to have been disposed of by Annexure-3. An appeal at Annexure-4 is also stated to have been filed. The representation filed is Annexure-1 to the writ petition.

2. The representation at Annexure-1 is an exemption sought from attending the classes for the LLB course, since he is employed in the Jawahar Navodaya Vidyalaya. The representation seems to demand that the Chancellor pass an order on his request for exemption after which he will seek admission to a college in any of the Universities within the State of Bihar for admission to the LLB course.

3. We can at best say that the representation is misguided and there can be no consideration of the same. The further arguments are with respect to an R.T.I. application, which again cannot be sought to be agitated in a public interest litigation. We also have to pertinently observe that there is no public interest either in the exemption sought for or the prayers made under the R.T.I. Act. The petitioner is purely raising a

Patna High Court CWJC No.17945 of 2023 dt.05-01-2024 3/3 personal issue; which also by the way the request is couched, is misconceived.

4. We restrain ourselves from imposing costs only because the petitioner himself appeared in person. We reject the writ petition as misconceived and a clear abuse of the jurisdiction invoked under Article 226; as a public interest litigation.

(K. Vinod Chandran, CJ) ( Rajiv Roy, J) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 09.01.2024 Transmission Date