The Patna High Court held the writ application not maintainable as it sought specific performance of contractual service against a private institution. The bench applied the principle that mandamus does not lie for purely private character rights. The petition was later dismissed as withdrawn.
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.15900 of 2011
====================================================== 1. Rajiva Ranjan S/O Sri Santosh Kumar Prasad Singh R/O Mohalla- Dinkar Nagar, P.O.- Khabra, P.S.- Muzaffarpur Sadar, DistrictMuzaffarpur, Principal, L.P. Shahi Intermediate College, Muzaffarpur .... .... Petitioner/s Versus 1. The State Of Bihar Through Principal Secretary Human Resources Development Department, Govt.Of Bihar, Patna 2. Bihar School Examination Board (Senior Secondary), Patna 3. Chairman, Bihar School Examination Board (Senior Secondary),Patna 4. Secretary, Bihar School Examination Board, (Senior Secondary),Patna 5. Sri Shambhu Prasad Singh S/O Not Known To The Petitioner Ex-Secretary, L.P. Shahi Intermediate College, Patahi, Muzaffarpur 6. The President, Managing Committee Sri Suresh Prasad Singh The Chief Donar, L.P. Shahi Intermediate College, Muzaffarpur 7. The Secretary, Managing Committee Sri Hari Shankar Choudhary S/O Not Known To The Petitioner L.P. Shahi Intermediate College, Muzaffarpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ritesh Kumar For the Respondent/s : Mr. Sanjay Kr No.1 Sc12 ======================================================
CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
I.A. No. 755 of 2012 has been filed challenging the order of termination passed by the Governing body of the private college in question during the pendency of the writ
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application. The original challenge was to the order of suspension only.
Learned counsel for the petitioner submits that the institution is receiving grant in aid from the State Government. As a consequence the authorities of the college are making unlawful terminations to favour their own chosen by disbursing of the grant in aid money. He relies on an order passed in C.W.J.C. No. 12863 of 2012 and submits that he may be permitted to represent likewise before the Board. It is next submitted that the Board has also published Advertisement No. 4 of 2009 that if such complaints are brought to its attention it shall order investigation into the same.
Counsel for the Board and the private respondents have opposed the very maintainability of the writ application. Counsel for the Board submits that no provision of law laid down by the Board is alleged to have been violated by the Managing Committee of the college. The suspension and termination by the Managing Committee of a private college is purely an internal affair for which it is fully empowered and if the petitioner is aggrieved he may pursue his remedy before a civil forum.
Counsel for the private college has opposed the writ application on similar grounds.
In C.W.J.C. No. 12663 of 2012, the matter
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related to alleged misuse of grants and the responsibility of the State Government at a larger level was to ensure that public money is not misused. In fact, the policy dated 21.11.2008 has been considered in extenso subsequently in C.W.J.C. No. 13173 of 2012.
The Court finds it difficult to hold that Advertisement No. 4 of 2009 specifies entertaining of individual grievance. On the contrary, the Court is satisfied to hold that the Board has adequately disclosed that if matters are brought to its attention, in a fit case, it may withhold the entire grant itself.
In 1989(2) SCC 691 (Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani), it has been held that if the rights are purely of a private character mandamus cannot issue. If the management of the college is purely a private body with no public duty mandamus will not lie.
The petitioner essentially seeks a specific performance of a contractual service by setting aside of his termination order and reinstatement against a private institution.
The writ application is held to be not
maintainable.
This shall be without prejudice to the rights of the Board to enquire on the larger issue on the grounds if
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otherwise satisfied.
At this stage, counsel for the petitioner prays for leave to withdraw the application to represent before the Board. That shall be his discretion.
The writ application is dismissed as withdrawn. P. Kumar/- (Navin Sinha, J)
3 issues framed by the court
Whether a writ petition seeks specific performance of a contractual service against a private institution?
Whether a mandamus lies when the management of the college is purely private with no public duty?
Whether Advertisement No. 4 of 2009 by the Board specifies entertaining individual grievances?
Colour shows how this judgement treated each authority
Rajiva Ranjan
The State Of Bihar
Bihar School Examination Board
Chairman, Bihar School Examination Board
Secretary, Bihar School Examination Board
Shambhu Prasad Singh
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
