Petitioner challenged his removal from a peon post by a private college's managing committee. The court held the writ application not maintainable against a private institution with no regulatory role, though civil remedies remain available.
Writ application dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10874 of 2011
====================================================== 1. Kusheshwar Pandit Late Ram Yatan Pandit Village-Dugha, P.O-Potiyaar, P.S-Desari, District- Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary Human Resources Development Department, Govt, Of Bihar, Patna. 2. The Bihar School Examination Board, Budh Marg, Patna Through Chairman. 3. The Director, Secondary Education, Human Resources Development Department, Government Of Bihar, Patna. 4. The Principal Narmadeshwar Prasad Singh Mahila Mahavidyalay, Mahnar Vaishali (Bihar) 5. The Managing Committee Through Its Secretary Narmadeshwar Prasad Singh Mahila Mahavidyalay, Mahnar Vaishali (Bihar) 6. The Ramakant Singh Sri Ram Sagar Singh Village Aalampur, P.OPotiyaar, P.S-Desri, District-Vaishali .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Navjot Yeshu For the Respondent/s : Mr. Awdhesh Kumar Pandey Ga9 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 6 10-12-2012 Heard learned counsel for the petitioner, the State and for respondent nos. 4 and 5. The petitioner is aggrieved by his removal from the Class-IV post of Peon by the Managing Committee of the Narmadeshwar Prasad Singh Mahila Mahavidyalay at Vaishali. Learned counsel for the petitioner submits that he has been working long since 1983. It was only after the State Government has started to release grant in aid that the respondents are wrongly denying him work and consequential salary in favour of their chosen few.
Patna High Court CWJC No.10874 of 2011 (6) dt.10-12-2012
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Counsel for the respondents have opposed the writ application challenging its maintainability on the ground that no writ petition shall lie against the Managing Committee of a private institution only recognized by the Bihar School Examination Board but which otherwise has no regulatory or supervisory role over it. Reliance has been placed on certain orders of the Court in C.W.J.C. No. 10530 of 2009 (DB) (Santosh Kumar Vs. State of Bihar). Similar orders have been passed in C.W.J.C. No. 15900 of 2011 and C.W.J.C. No. 12663 of 2012.
The writ application is therefore held to be not maintainable. This does not prevent the petitioner from pursuing his remedies before the appropriate civil forum which shall decide issues in accordance with law. Nothing in the present order shall be deemed or construed as any opinion with regard to the merits which remains to be decided.
The writ application is dismissed as not
maintainable.
P. Kumar/- (Navin Sinha, J)
2 issues framed by the court
Whether a writ petition is maintainable against the Managing Committee of a private educational institution merely recognized by the State Board.
Whether the State Government's release of grant-in-aid subjects a private managing committee to writ jurisdiction for employment disputes.
Colour shows how this judgement treated each authority
Santosh Kumar Vs. State of BiharReferred¶6
C.W.J.C. No. 10530 of 2009 (DB)
C.W.J.C. No. 15900 of 2011Referred¶6
C.W.J.C. No. 12663 of 2012Referred¶6
Kusheshwar Pandit
The State Of Bihar
The Bihar School Examination Board
The Director, Secondary Education
The Principal Narmadeshwar Prasad Singh Mahila Mahavidyalay
The Managing Committee
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
