Discussed whether the High Court could interfere with a decision regarding school management. Held that the private dispute requires adjudication by a civil court, noting both parties claimed to be the school secretary.
Writ application dismissed. Court directed private dispute regarding school control to be adjudicated by civil court.
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Patna High Court CWJC No.13891 of 2013 (4) dt.22-01-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13891 of 2013
======================================================
Narayan Mandal, son of late Babua Lal Mandal, R/o Mehasimar, P.O. – Sigiaum, P S – Kishunpur, District – Supaul.
.... .... Petitioner/s
Versus
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bipin Bihari Singh For the Respondent/s : Mr. Piyush Lall
====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
4 22-01-2014 The Court is not inclined to interfere with the decision contained in Annexure-8. The private dispute between the petitioner and respondent No.4 is required to be adjudicated and appropriate declaration made by a civil court of competent jurisdiction. This Court will not decide the dispute between the two parties who are fighting for control of the school in question. Both of them declare themselves to be the Secretary of the said school.
Writ application is dismissed.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
2 issues framed by the court
Whether the High Court should interfere with the decision regarding school management amidst a private dispute between petitioners and respondent No.4
Whether a civil court of competent jurisdiction should decide a dispute between parties fighting for control of a school
Narayan Mandal
Bihar School Examination Board
The Headmaster, Janta High School, Mehasimar
Kamal Narayan Seth
Sri Satya Narayan Seth
AJAY KUMAR TRIPATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
