Saraswati Shiksha Samiti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2678 of 2016 • Saraswati Shiksha Samiti, Pondi (Bachra), Through Its Administrator Satyanarayan Jaiswal, Aged About 63 Years, S/o Late Shri Dangal Prasad Jaiswal, R/o Village & Post Pondi (Bachra), Tahsil Khadgawa District Koriya (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary School Education Department, Mantralaya Naya Raipur District Raipur (Chhattisgarh)

2. Director, Public Instruction, Pension Bada Raipur District Raipur (Chhattisgarh)

3. Collector, Koriya District Koriya, (Chhattisgarh)

4. District Education OfÏcer, Koriya, District Koriya (Chhattisgarh)

5. Fulchand Chakradhari Posted As Principal, Saraswati Shiksha Samiti, Pondi ( Bachra), Block Khadgawa, District Koriya (Chhattisgarh) ---- Respondent For Petitioner Mr. Mateen Siddique, Advocate For Respondent /State Mr. UNS Deo, Goverment Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/10/2016

1. Heard.

2. The petitioner is a Society registered under the Chhattisgarh Society Registrikaran Adhiniyam, 1973 (in short "the Adhiniyam, 1973").

3. The background facts on which the relief is claimed in this

petition, pertains to affairs of the petitioner's Society. The petitioner is not complaining about any inaction of any statutory authority nor the petitioner itself is a statutory authority. The grievance is about the activities of respondent No.5, who continued to function as Principal despite his termination and has handed over the management of the School to the Gram Panchayat.

4. In the considered opinion of this Court, writ jurisdiction is not the appropriate remedy for the petitioner. The petitioner may move before the Registrar under the Adhiniyam, 1993 or file a suit before the jurisdictional Civil Court.

5. The writ petition is dismissed with the above said observation. Sd/- Judge (Prashant Kumar Mishra) Shyna