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Patna High Court - Orders

Sri Krishna Singh vs The State Of Bihar & Ors on 26 November, 2014

Author: Chakradhari Sharan Singh

Bench: Sharan Singh, Chakradhari Sharan Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17193 of 2010
                 ======================================================
                 1. Sri Krishna Singh S/O Late Balkeshwar Singh R/O Vill. + P.O.- Tarardh,
                 P.S.- Nokha, Distt.- Rohtas At Sasaram

                                                                      .... ....   Petitioner/s
                                                  Versus
                 1. The State Of Bihar
                 2. The Principal Secretary Human Resources Development Department,
                 Government Of Bihar, Patna
                 3. Additional Secretary, Higher Education Human Resources Development
                 Department, Government Of Bihar, Patna
                 4. Deputy Secretary       Human Resources Development Department,
                 Government Of Bihar, Patna
                 5. Director, Higher Education, Human Resources Development Department,
                 Government Of Bihar, Patna
                 6. The Veer Kunwar Singh University, Through Its Registrar, Arrah
                 7. The Vice-Chancellor Veer Kunwar Singh University, Arrah
                 8. Registrar, Veer Kunwar Singh University, Arrah
                 9. The Indu Tapeshwar Singh Mahila College Bikramganj, Rohtas Through
                 Its Secretary, Dr. Ajay Kumar Singh, Bikramganj, Rohtas
                 10. Dr. Ajay Kumar Singh S/O Late Tapeshwar Singh Secretary, Indu
                 Tapeshwar Singh Mahilla College, Bikramganj, Rohtas, Residing At Asni
                 Bhawan, East Boring Canal Road, Patna-1
                 11. Dr. Madhuri Singh W/O Sri Mithilesh Kumar Singh, D/O Late
                 Tapeshwar Singh Principal Indu Tapeshwar Singh Mahilla College,
                 Bikramganj, Rohtas, Residing At Mohalla- Sheopuri, Behind A.N. College,
                 Patna

                                                                     .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :  Mr. Raghunandan Kumar Singh, Advocate
                                            Mr. Birendra Kumar, Advocate
                 For the State            : Mr. Kumar Kaushik, AC to GP XI
                 For the University       : Mr. Sarvdeo Singh, Advocate
                 For the Respondents 9to 11 Mr. Tej Bahadur Singh, Sr. Advocate
                                            Mrs. Shashi Priya Pathak, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
                 SHARAN SINGH
                 ORAL ORDER

3   26-11-2014

This is an application seeking direction to the respondents to send the name of the petitioner for appointment to the post of Laboratory Assistant of Psychology department of Patna High Court CWJC No.17193 of 2010 (3) dt.26-11-2014 2/2 Indu-Tapeshwar Singh Mahila College, Bikramganj.

The said college is admittedly privately managed by its Governing Body.

Learned counsel appearing on behalf of the respondents 9 to 11 has placed reliance upon an order of this court dated 03.11.2014 to contend that this application under Article 226 of the Constitution of India cannot be maintained as the college in question is not State within the meaning of Article 12 of the Constitution of India.

I have perused the order dated 03.11.2014 passed in CWJC No. 15050 of 2011 relied upon by learned counsel for the respondents Nos. 9 to 11, which relates to the same institution.

In such circumstances, I am of the view that this writ application cannot be maintained and is, accordingly, dismissed.

The petitioner shall, however, have the liberty to approach the appropriate forum for redressal of his grievance.

(Chakradhari Sharan Singh, J) BKS/-

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