The petitioner challenged an order before the High Court. The Court observed the school is not a 'State' under Article 12 and an appeal lies under the Tribunal Act. The writ petition was dismissed with liberty to appeal.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 4045 2008
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Smt. Saroj Paul ... Petitioner Vs.
1.The State of Jharkhand
2.Deputy Commissioner, Hazaribagh
3.Regional Deputy Director of Education, Hazaribagh.
4.District Education Officer, Hazaribagh
5.Secretary-cum-Management of Carmel Girls' High School, Hazaribagh
6.The President of Governing Body, Carmel Girls High School, Patna .… … ... Respondents
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
----- For the Petitioner : None For the Res No. 5 : Mr. Prabhash Kumar, Adv For Res No. 1 to 4 : Mr. Master Akash, A.C to S.C
----- Order No. 17 : Dated 19th July, 2019
None appears for the petitioner. Mr. Prabhash Kumar, learned counsel appears for respondent no. 5 and Mr. Master Akash, learned counsel appears for the respondents-State.
2. Learned counsel appearing for respondent no. 5- Secretary-cum-Management of Carmel Girls' High School, Hazaribagh submits the school in question is not a State within the meaning of Article 12 of the Constitution of India as such writ against respondent no. 5 is not maintainable. He further drawing attention of the Court to Annexure 1 to the writ petition submits that order at Annexure 1 is order passed by Jharkhand Education Tribunal, Ranchi and remedy of appeal is available to the petitioner to prefer appeal against the order at Annexure 1, as such also the writ petition is not maintainable.
3. This Court finds force in the submission of learned counsel for respondent no. 5.
4. Hence, the writ petition is dismissed. However, liberty is reserved with the petitioner, if so advised, may file appeal in view of Jharkhand Education Tribunal Act.
5. In view of the dismissal of the writ petition, the Interlocutory Application on the board also stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Alankar/-
3 issues framed by the court
Whether the writ petition filed against the Secretary-cum-Management of a school is maintainable or if it should be dismissed for dismissal followed calling an appeal to the Jharkhand Education Tribun
Whether the school in question comes within the definition of 'State' under Article 12 of the Constitution
Whether the petitioner has an alternative remedy by way of appeal under the Jharkhand Education Tribunal Act
Smt. Saroj Paul
State of Jharkhand
Deputy Commissioner, Hazaribagh
Regional Deputy Director of Education, Hazaribagh
District Education Officer, Hazaribagh
Secretory-cum-Management of Carmel Girls' High School, Hazaribagh
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
