In an oral order, the High Court of Judicature at Patna dismissed a writ petition seeking appointment as a clerk in a religious minority school. The court held that such schools have independent managing committees to handle their affairs and that the petitioner must file a civil suit for declaration instead.
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.4858 of 2015
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Daya Nand Prakash son of Sri Ram Narayan Roy, Resident of village Hasanpur Surat, p.o.+ p.s.- Patori, District Samastipur. At present working as clerk Bharti Arya High School Jamalpur, Munger.
.... .... Petitioner
Versus
.... .... Respondents
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Respondent/s : Mr. Satyadeo Kumar- Sc5
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CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
4 01-03-2017 Heard counsel for the petitioner and counsel for the State. Perused the writ application and the counter affidavit of the District Education Officer.
Since there is controversy with regard to the appointment of the petitioner in the school in question, which is a religious minority school having its own managing committee and all the vested powers to run their affairs, the writ application is dismissed.
Petitioner may file a suit and get appropriate
declaration.
(Ajay Kumar Tripathi, J)
Pawan/-
U
1 issue framed by the court
Whether a writ remedy is maintainable for the petitioner's appointment in a religious minority school run by its own managing committee.
Daya Nand Prakash
The State of Bihar through Principal Secretary Human Resources Department, Govt. of Bihar
The Director, Higher secondary Bihar, Patna
The Regional Deputy Director of Education Munger Division, Munger
The District Officer-cum-Collector, Munger
The District Education Officer, Munger
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
