This court held that a dispute between two Managing Committees is a private dispute and cannot be adjudicated under Article 226 of the Constitution of India. The writ petition was dismissed and the petitioner was told to seek appropriate legal recourse elsewhere.
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.4453 of 2018
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Md. Tahir Hussain, Son of Haji Samser Alee, Resident of Village- Rui Tola, Paharkatta, P.O.- Paharkatta, Police Station- Paharkatta, Block- Pothiya, District- Kishanganj.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Adv. For the Respondent/s : Mr. Sunil Kumar, AC to GA-12. For the Respondent-MEB: Mr. Syed Iqbal Ahmad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
(Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
3 15-07-2019 Heard the parties.
It is a fight in between the two Managing Committee
which has led to the writ petition which issue obviously cannot
Patna High Court CWJC No.4453 of 2018(3) dt.15-07-2019 2/2
be entered into in extraordinary jurisdiction under Article 226 of the Constitution of India for the dispute is absolutely private.
In such view of the matter, we leave it open for the petitioner to take proper legal recourse as is available to him in law for raising his grievance as raised in this writ petition but in the nature of the dispute raised, we are certainly not persuaded to grant indulgence.
The writ petition is disposed of.
(Jyoti Saran, J)
( Partha Sarthy, J)
Anjula/-
U
1 issue framed by the court
Whether the High Court can exercise writ jurisdiction under Article 226 of the Constitution of India in a dispute between two Managing Committees.
1 provisions across 1 enactments
Md. Tahir Hussain
The State of Bihar
The Principal Secretary, Education Department, Bihar
The Special Secretary, Education Department, Bihar
The Chairman, Bihar State Madarsa Board
The Secretary, Bihar State Madarsa Board
Jyoti Saran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
