Allowed

Subodh Kumar Jha v. The State Of Bihar and Ors.

Patna HC27 Nov 2018CWJC/6854/2015

Case brief

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What is this about?

This oral order quashed the decision of the Special Director regarding jurisdiction in an appeal against the Bihar Sanskrit Shiksha Board. The court remitted the matter to the Special Secretary for appropriate decision within four months after hearing.

What did the court decide?

Decision of the Special Director quashed; matter remitted to Special Secretary of the Education Department for appropriate decision within four months.

Subodh Kumar Jha Vs The State Of Bihar and Ors. — Education and Admissions | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6854 of 2015

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Subodh Kumar Jha, Son of Sri Hemkant Jha, Resident of Village and P.O.Pandit Tola Tabhka via Dalsing Sarai, District- Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Department of Education, Government of Bihar, Patna.

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The Special Director, Secondary Education, Department of Education, Government of Bihar, Patna.

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The Bihar Sanskrit Shiksha Board, through its Secretary, 17, Back Hardings Road, Patna.

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The Chairman, Bihar Sanskrit Shiksha Board, 17, Back Hardings Road, Patna.

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The Secretary, Bihar Sanskrit Shiksha Board, 17, Back Hardings Road, Patna.

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The Managing Committee, Ram Kripal Sanakrit Prathmik-Sah- Madhya Vidyalaya, Kishanpur Tabhaka, P.O.- Samarha, P.S.- Bibhutipur, DistrictSamastipur.

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Sri Tantra Nath Jha, Son of Late Kedar Jha, Resident of village- Kishanpur Tabhaka, P.O.-Samarha, P.S.- Bibhutipur, District- Samastipur.

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Sri Jai Chandra Choudhary, Son of Sri Ram Balak Choudhary, Resident of village- Kishanpur Tabhaka, P.O.-Samarha, P.S.- Bibhutipur, DistrictSamastipur at present Assistant Teacher, Ram Kripal Sanakrit Prathmik-SahMadhya Vidyalaya, Kishanpur Tabhaka, P.S.- Bibhutipur, DistrictSamastipur.

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Sri Saroj Kumar Jha, Son of Sri Nand Lal Jha, Resident of village- Singhiya Ghat, P.S.- Bibhutipur, District- Samastipur at present Assistant Teacher, Ram Kripal Sanakrit Prathmik-Sah- Madhya Vidyalaya, Kishanpur Tabhaka, P.S.Bibhutipur, District- Samastipur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Durga Nand Jha, Advocate For the Respondent/s : Mr. Upendra Kr. Singh, AC to GA-8 For the S.S. Board. : Mr. S.S. Sundram, Advocate Mr. Shashank Shekhar Jha, Advocate For Respondent nos. 7-9 : Mr. Suresh Kumar Ishwar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 27-11-2018 The issue as to the jurisdiction of the Special Director,

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who is ex-officio member of the Sanskrit Shiksha Board has already been decided by this Court in the case of Madarsa Faizul Uloom (Kabai Banghara & Anr. Vs. The State of

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Patna High Court CWJC No.6854 of 2015(2) dt.27-11-2018 2/2

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Bihar & Ors ., reported in 2013 (1) PLJR 263 .

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In view of the above, the decision of the Special Director cannot sustain. It is, accordingly, quashed. The matter is remitted back for the appropriate decision by the Special Secretary of the Education Department, who has been assigned the responsibility of hearing and deciding the appeal against the decision of the Board.

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The Court hopes and trusts that the Special Secretary will decide the appeal on remand at the earliest preferably within a period of four months from the date of receipt/production of a copy of this order after opportunity of hearing of the petitioner, who is likely to be affected in the proceeding.

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With the aforesaid, the writ application stands allowed and disposed of.

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(Anil Kumar Upadhyay, J)

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uday/-

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Subodh Kumar Jha v. The State Of Bihar and Ors.

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Subodh Kumar Jha v. The State Of Bihar and Ors.

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