Writ application seeking relief against alleged arbitrary conduct by college management and authorities regarding staff appointments. Court found power lies with managing committee and dismissed application.
Application dismissed.
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.1982 of 2010
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Narendra Kumar S/O Sri Satya Narain Singh R/O Village + P.O.- Bensagar, P.S.- Karakat (Gorari), Distt.- Rohtas
.... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary Human Resources Development Department, Government Of Bihar, Patna 3. Additional Secretary, Higher Education Human Resources Development Department, Government Of Bihar, Patna 4. Deputy Secretary Human Resources Development Department, Government Of Bihar, Patna 5. Director, Higher Education Human Resources Development Department, Government Of Bihar, Patna 6. The Bihar School Examination Board (Higher Secondary) Through Its Secretary Patna 7. The Chairman Bihar School Examination Board (Higher Secondary), Patna 8. Secretary Bihar School Examination Board (Higher Secondary) Patna ---Respondent 1st set 9. The Indu Tapeshwar Singh Mahila College Bikramganj, Rohtas Through Its Secretary, Dr. Ajay Kumar Singh, Bikramganj, Rohtas 10. Dr. Ajay Kumar Singh S/O Late Tapeshwar Singh Secretary, Indu Tapeshwar Singh Mahila College, Bikramganj, Rohtas, Residing At Asni Bhawan, East Boring Canal Road, Patna-1 11. Upendra Prasad Singh S/O Late Rajdeo Singh, Indu Tapeshwar Singh Mahila College, Bikramganj, Rohtas, Residing At Mohalla- Gajrarh, Gaurakshani, P.O. + P.S.- Sasaram, Distt.- Rohtas
.... .... Respondent II set
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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 5 21-10-2013 Heard the parties. Petitioner claim to have been appointed by the Managing Committee of the institution in question. Present application has been filed against wrongful, arbitrary and malafide conduct of the second party which is the respondent nos. 9 to 11.
Patna High Court CWJC No.1982 of 2010 (5) dt.21-10-2013
2
On his own showing, it appears the institution in- question is privately managed by the Managing Committee. The respondents have filed a counter affidavit as also a supplementary counter affidavit. Para-5 of the supplementary counter affidavit, copy whereof, has been produced by the counsel for the Bihar School Examination Board, reads as under:-
“5.That it is also stated that the Bihar School Examination Board Affiliation Bye-laws came into force on 8.7.2011 and as per its Rule 18(v) & 18(xi) of the Affiliation Bye-laws, the power to make appointment of non-teaching staff and to take disciplinary proceeding against them lies within the domain of Managing Committee of the College and the answering Board has got no role to play in this matter.”
Considering the fact that the institution in- question
is privately managed by the Managing Committee, this Court is not persuaded to grant the relief prayed for in the application.
The application is dismissed.
Dismissal of this application shall, however, not preclude the petitioner from ventilating his grievance before the appropriate forum/authority in accordance with law.
(Kishore Kumar Mandal, J)
Shyam/-
1 issue framed by the court
Whether the petitioner is entitled to court intervention regarding undisclosed appointment/appointments of non-teaching staff in a privately managed institution?
Narendra Kumar
The State Of Bihar
The Principal Secretary Human Resources Development Department, Government Of Bihar, Patna
The Bihar School Examination Board (Higher Secondary)
Indu Tapeshwar Singh Mahila College Bikramganj, Rohtas
Dr. Ajay Kumar Singh
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
