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Patna High Court - Orders

Purushottam Pandey vs The State Of Bihar & Ors on 12 September, 2014

Author: Sharan Singh

Bench: Sharan Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.14364 of 2010
                 ======================================================
                 Purushottam Pandey S/O Shri Brij Kumar Pandey R/O Vill Milki Mukswat,
                 P.O.Saraon, P.S.Natwar, Distt-Rohtas
                                                                       .... .... 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 Bihar School Examination Board (Higher Secondary) Through Its
                 Secretary Patna
                 7. The Chairman, Bihar School Examination Board(Higher Secondary)
                 Patna
                 8. Secretary, Bihar School Examination Board(Higher Secondary) Patna
                 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 Mahila College, Bikramganj, Rohtas, Residing At Asni
                 Bhawan, East Boring Canal Road, Patna-1
                 11. Upendra Prasad Singh S/O Late Rajdeo Singh Indu Tapeshwar Singh
                 Mahila College ,Bikramganj, Rohtas, Residing At Mohalla Gajrarh,
                 Gaurakshani,P.O.+P.S. Sasaram ,Distt-Rohtas
                                                                      .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Abdul Wadood
                 For the Respondent/s       : Mr. Tripurari Nath Ambastha, A.C. to G.P.14
                                              Mr. Brisketu Sharan Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
                             SHARAN SINGH
                                                ORAL ORDER

5   12-09-2014

Learned counsel appearing on behalf of the Respondents No. 9 to 11 has raised a preliminary objection over maintainability of the writ application on the ground that Indu Tapeshwar Singh Mahila College, Bikramganj, Rohtas is a privately managed institution and no writ would lie under Article 226 of the Patna High Court CWJC No.14364 of 2010 (5) dt.12-09-2014 P2/2 Constitution of India in the facts and circumstances of the case.

I find substance in submission. The petitioner's main grievance is apparently against Managing Committee of Indu Tapeshwar Singh Mahila College, Bikramganj, Rohtas which is admittedly privately managed institution.

This application is accordingly dismissed as not maintainable.

Needless to say that the petitioner shall have liberty to approach appropriate forum for redressal of the grievance in accordance with law.

(Chakradhari Sharan Singh, J.) Saif/-

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