The High Court held that the dispute involving allegations of a manipulated tablereport enquiry is unsuitable for summary adjudication under Article 226. The court advised the petitioner to file a suit for declaration and ad interim restraint.
Writ application disposed off with liberty to file a suit for declaration and ad interim restraint.
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.6554 of 2014
===========================================================
Bibi Shamima Khatoon Wife Of Late Md. Hamza Resident Of Village - Barhajal, P.S. Barsoi, District - Katihar, Secretary Of Madarsa Azizia Perhajal, P.S. Barsoi, District - Katihar
.... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Human Resources Development Department Govt. Of Bihar, Patna
.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Md. Anisur Rahman For the Respondent/s : Mr. Avnish Nandan Sinha =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT
Date: 17-09-2015
17.09.2015 Heard learned counsel for the parties.
Looking at the nature of the dispute as well as
the allegation of the petitioner that the whole enquiry is vitiated, manipulated and is basically a kind of tablereport, can best be tested in a suit, which may be filed by the petitioner for an appropriate declaration as well as may be for some kind of ad interim restraint order as well, if a case is made out.
This kind of disputes cannot be adjudicated in
Patna High Court CWJC No.6554 of 2014 dt.17-09-2015
2/2
a summary proceeding under Article 226 of the Constitution of India.
Writ application stands disposed off with liberty as above.
(Ajay Kumar Tripathi, J.)
SKM/-
U
1 issue framed by the court
Whether a dispute regarding the vitiation of an enquiry into tablereport allegations is suitable for summary adjudication under Article 226.
1 provisions across 1 enactments
Bibi Shamima Khatoon
The State Of Bihar Through The Principal Secretary, Human Resources Development Department Govt. Of Bihar, Patna
The Bihar State Madarsa Education Board, Vidyapati Margh, Patna
The Chairman, Bihar State Madarsa Education Board, Vidyapati Marg, Patna
The Secretary, Bihar State Madarsa Education Board, Vidyapati Marg, Patna
The Special Director, Secondary Education, Bihar, Patna
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
