Oral order dismissing a writ petition challenging the removal of a respondent from his post as Principal. The Single Judge held the impugned order was clear on its face and lacked infirmity.
The writ application was 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.2967 of 2015
====================================================== Nageshwar Bhagat son of Late Shital Bhagat, resident of Village + P.S. Mahishi, District – Saharsa, Chairmjan of Governing Body and Managing Committee, Lahtan Choudhary Inter College, Pastwar, Baluaha Mahishi, District - Saharsa. .... .... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna. 2. The Principal Secretary Department of Education, Government of Bihar, Patna. 3. The Director, Higher Education, Bihar, Patna. 4. The Bihar School Examination Board (Higher Secondary), Patna through its Secretary. 5. The Chairman Bihar School examination Board (Higher Secondary), Bihar, Patna. 6. The Secretary, Bihar School Examination Board (Higher Secondary), Bihar, Patna. 7. The District Education Officer, Saharsa. 8. Sri RAmyash Bhagat, son of Late Shital Bhagat, resident of Village + P.O. - Mahishi, District - Saharsa. 9. The District Appellate Authority, Saharsa through its Secretary. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Jha, Sr. Advocate Mr. Pramod Mishra For the Respondent State: Mr. SC9-Raj Nandan Prasad For Respondent No. 8 : Mr. Rajendra Pd. Singh, Sr. Advocate Mr. Uday Chandra Prasad Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 2 02-03-2015 This Court will not interfere with the order impugned because the order speaks for itself as to why the removal of the private respondent was required to be interfered with. With such glaring violation noticed in the impugned order by the Management Committee, they cannot be permitted to be law by
Patna High Court CWJC No.2967 of 2015 (2) dt.02-03-2015
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themselves.
If the Managing Committee wants, let it move a civil court of competent jurisdiction, seek a declaration and also an order of restraint may be against the private respondent for functioning as a Principal in the College in question.
Writ application is otherwise dismissed since the impugned order does not suffer from any infirmity.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
U
Nageshwar Bhagat
The State of Bihar through the Principal Secretary, Department of Education
The Director, Higher Education, Bihar
The Bihar School Examination Board
Sri RAmyash Bhagat
The District Appellate Authority, Saharsa
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
