A writ petition challenging the medium of education and teacher appointment policy. The High Court held these are legislative/policy matters, dismissed the petition without prejudice to exhaustion of remedies, and disposed of it liberally.
The petition was disposed of without prejudice to liberty to approach the competent authority.
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 1919 of 2017
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Navin Kumar Thakur, Son of Sri Ram Balak Thakur, Resident of village - Sakra Bajid, P.O. Dholi, P.S. Sakra, District - Muzaffarpur
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr Vijay Kumar Singh, Advocate For the Respondent/s : Smt Shilpa Singh, GA 12 with Mr Sunil Kumar, AC to GA 12
=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
And HONOURABLE MR JUSTICE SUDHIR SINGH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date: 10-05-2017
Inter alia contending that any primary school level teaching in the State and the school in question, the medium of education should be a particular language based on the dominance of the language in the locality, petitioner has filed this writ petition seeking a mandamus in the matter of representation to a particular community for appointment of Teachers and a particular language.
Patna High Court CWJC No.1919 of 2017 dt.10-05-2017
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2 The issues raised by the petitioner in this writ petition
are nothing but issues legislative in nature based on policy decision to be taken by the administrative authority and it is not appropriate for this Court to enter into these matters of policy making.
3 The learned counsel for the respondents has submitted that on petitioner’s own showing, the matter has been raised before the authorities and, therefore, the petitioner should prosecute the matter before the competent authority.
4 With the aforesaid liberty, the petition is disposed of.
(Rajendra Menon, CJ)
M.E.H. /-
(Sudhir Singh, J)
| AFR/NAFR | NAFR |
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| CAV DATE | NA |
| UploadingDate | 16.05.2017 |
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3 issues framed by the court
Whether the court can enter into matters of legislative nature and policy decision regarding medium of education and teacher appointment.
Whether the petitioner should have exhausted remedies before approaching the court.
Whether representation should be sought to a particular community for appointment of Teachers and a particular language.
Navin Kumar Thakur
The State of Bihar
Rajendra Menon
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
