This Letters Patent Appeal dismissed a challenge to an order quashing a writ petition filed by a dismissed principal acting without authorization from the Managing Committee, holding such filing unmaintainable.
Letters Patent Appeal dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.951 of 2014
Arising out of
Civil Writ Jurisdiction Case No. 8657 of 2013
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.... .... Appellant/s
Versus
Patna High Court LPA No.951 of 2014 dt.26-10-2016
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Education & Family Welfare, Govt. of Bihar, Patna.
.... .... Respondent/s
=========================================================== Appearance : For the Appellants : Mr. Pramod Kumar with Mr. Arvind Kumar Sharma and Mr. Bharat Bhushan, Advocates For the Respondent/s :
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CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 26-10-2016
The present Letters Patent Appeal is directed against an order passed by the learned Single Bench on 6th May, 2014 whereby the writ application was dismissed for the reason that a dismissed principal of the College cannot represent the appellant in the absence of due authority by the Managing Committee.
A perusal of the record of the writ application does not show that the Managing Committee has authorized the principal of the
Patna High Court LPA No.951 of 2014 dt.26-10-2016
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College to file the writ application on behalf of the Managing Committee. In the absence of authorization on behalf of the Managing Committee, the writ application filed by the dismissed principal has rightly not been found maintainable.
In view thereof, we do not find any error in the order passed by the learned Single Bench which may warrant interference in the present Letters Patent Appeal. The same is dismissed.
However, it will not debar the Managing Committee to invoke the writ jurisdiction in its own right through an authorized representative in accordance with law.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
Anjani/-
| AFR/NAFR | NAFR |
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| CAVDATE | N/A |
| UploadingDate | 08-11-2016 |
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1 issue framed by the court
Whether a dismissed principal of a college can file a writ application representing the college without authorization from the Managing Committee?
Bihar Homeopathic Medical College & Hospital through Dr. Kameshwar Singh
Union of India
Central Council of Homeopathy
State of Bihar
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
