Patna High Court - Orders
Dr.Arjun Prasad Sinha & Anr vs The State Of Bihar & Ors on 27 August, 2014
Author: V. Nath
Bench: V. Nath
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10501 of 2012
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1.Dr.Arjun Prasad Sinha, son of Late Lal Bahadur Prasad, at Panchbati,
Guphapur, Bihar Sharif, Nalanda.
2. Dr. Mahendra Kumar, son of Late Haro Mahto, posted as Principal,
Rajeshwar Lall College(Inter Section), Alinagar, Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Bihar, Patna.
2. The Principal Secretary, Education Department, Bihar, Patna.
3. The Director, Secondary Education, Education Department, Bihar,
Patna.
4. The Bihar School Examination Board(Senior Secondary), Bihar, Patna
through its Secretary
5. The Chairman, Bihar School Examination Board(Senior Secondary),
Bihar, Patna.
6. The Secretary, Bihar School Examination Board(Senior
Secondary),Bihar, Patna.
7. The Magadh University, Bodh Gaya, through its Registrar.
8. The Vice Chancellor, Magadh University, Bodh Gaya.
9. The Registrar Magadh University, Bodh Gaya.
10 Dr. Satish Kumar, son of Late Bhola Singh, Incharge Principal,
Rejeshwar Lall College, Alinagar, Nalanda.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.11166 of 2012
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Satish Kumar, son of Late Bhola Singh, resident of village-Ismailpur, P.S.
Barbigha, District-Sheikhpura, presently posted as Incharge Principal
Rajeshwar Lall College, Alinagar, Nalanda.
.... .... Petitioner/s
Versus
1.The State of Bihar through its Chief Secretary, Bihar, Patna.
2. Bihar School Examination Board(Higher Secondary), through its
Secretary, Budh Marg, Patna.
3. The Principal Secretary, Human Resources Development Department,
Bihar, Patna.
4. The Director, Higher Education, Human Resources Development
Department, Bihar, Patna.
5. Dr. Mahendra Kumar, son of not known to the petitioner, Lecturer,
Department of Mathematics, Rajeshwar Lall College, Alinagar, Nalanda.
.... .... Respondent/s
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with
Miscellaneous Jurisdiction Case No.4017 of 2012
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Mr. Mahendra Kumar, son of late Haro Mahto, posted as Principal,
Rajeshwar Lall College(Inter section), Ali Nagar, Nalanda.
.... .... Petitioner/s
Versus
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1. The State of Bihar through its Chief Secretary, Bihar, Patna, namely,
Mr. Navin Kumar
2. The Principal Secretary, Education Department, Bihar, Patna, namely,
Mr. Amarjeet Sinha
3. The Director, Secondary Education, Education Department, Bihar,
Patna, namely, Mr. A. K. Sinha
4. The Bihar School Examination Board(Senior Secondary), Bihar, Patna
through its Secretary, namely Mr. Lalan Jha
5. The Chairman, Bihar School Examination Board(Senior Secondary),
Bihar, Patna, namely, Mr. Dr. Raj Mani Prasad Singh
6. The Secretary, Bihar School Examination Board(Senior Secondary),
Bihar, Patna, namely, Mr. Lalan Jha
7. The Magadh University, Bodh Gaya, through its Registrar, namely, Mr.
Dr. D. K. Yadav.
8. The Vice Chancellor, Magadh University, Bodh Gaya, namely, Mr. Dr.
Arun Kumar
9. The Registrar, Magadh University, Bodh Gaya, namely, Dr. D. K.
Yadav
10. Dr. Satish Kumar, son of late Bhola Singh, Incharge Principal,
Rajeshwar Lall College, Alinagar, Nalanda.
.... .... Respondent/s
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Appearance :
(In CWJC No.10501 of 2012)
For the Petitioner/s : M/S. Rajendra Prasad Singh(Sr.Adv.),
Dr. Ramesh Kumar Singh &
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Rana Ishwar Chandra
For the Respondent-State : Mr. Jawed Gaffar Khan(A.C. to S.C.7)
For the respondent(BSEB) : Mr. Satyabir Bharti
(In CWJC No.11166 of 2012)
For the Petitioner/s : Mr Rajendra Narayan,Sr.Adv.
For the Respondent no.5 : M/S R. P. Singh,Sr.Adv., Dr. R.K. Singh &
R. I. Chandra
(In MJC No.4017 of 2012)
For the Petitioner/s : Mr. Rana Ishwar Chandra
For the Respondent/s : Mr. Dhirendra Kumar,A.C. to AAG-10
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CORAM: HONOURABLE MR. JUSTICE V. NATH
ORAL ORDER
10 27-08-2014Both the writ applications along with the contempt application have been heard together. In both the writ applications the order dated 8-5-2012 passed by the Secretary, Bihar School Examination Board(Higher Secondary) has been primarily under assail. By the said order the affiliation earlier granted by the Intermediate Council to the concerned College for Intermediate education has been recalled and the order passed in that regard by the Intermediate Council on 19-11-1982 has been cancelled. Further, by the said order the ad-hoc committee constituted by the Council and the approval of the appointment of Sri Mahendra Kumar on the post of Principal by the ad-hoc committee has also 5 Patna High Court CWJC No.10501 of 2012 (10) dt.27-08-2014 5/8 been cancelled.
2. The learned senior counsel appearing for the petitioners in both the writ applications as well as Mr. Satyabir Bharti, the learned counsel for the Board have agreed that the impugned order dated 8-5-2012(Annexure-10 in C.W.J.C. No. 10501/12 and Annexure-1 in C.W.J.C.No.11166/12) passed by the Secretary, Bihar School Examination Board(Higher Secondary), Bihar, Patna is without jurisdiction in view of the Bihar School Examination Board(Amendment) Act, 2007 wherein in Chapter IIA appertaining to grant and withdrawal of affiliation it has been stipulated that the matter of grant or withdrawal of affiliation is firstly to be considered by a Committee of Affiliation and thereafter the power has been vested in the Board to grant or withdraw affiliation of Secondary and Senior Secondary Schools on the basis of recommendation of the Committee. It has been further accepted by the parties that the said course, as provided in the Amendment Act has not been followed while passing the impugned order and therefore the matter should be remitted back for decision afresh in the light of the Amendment Act and in accordance with law, but at this stage the learned counsel for the parties, however, has insisted that their submissions may also be taken note of.
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3. Mr. Singh, the learned senior counsel for the petitioners in C.W.J.C.No. 10501 of 2012 has placed reliance on the order passed in C.W.J.C.No.3668 of 1996 on 5-8-1997 by a bench of this Court by which, according to the learned senior counsel, the direction was issued that within two years from the date of the order the Intermediate Education be separated from the Universities of Bihar and upgraded schools.
4. Mr. Narain, the learned senior counsel appearing for the petitioner in C.W.J. C.No. 11166 of 2012 has pointed out that an order has been passed by this Court earlier in C.W.J.C. No.186 of 2007 on 25-7-2012 wherein while dismissing the writ application as infructuous it has been observed that there is only one centre for authority and respondent no.6 cannot exercise any authority as a Principal of the college in question. It has been further urged that the order passed by the Chairman of the Board on 18-10-2012 impliedly recognising Dr. Mahendra Kumar as Principal has been wrongly passed in view of the aforesaid order of this Court.
5. However, at this stage Mr. Singh, the learned senior counsel appearing in C.W.J.C.No. 10501 of 2012 has pointed out that by the interim order dated 5-7-2012 passed in C.W.J.C.No. 10501 of 2012 the operation of the order dated 8-5-2012 passed 7 Patna High Court CWJC No.10501 of 2012 (10) dt.27-08-2014 7/8 by the Secretary of the Board has been stayed.Mr. Singh has further submitted that the affiliation of the College , as claimed by the petitioners in C.W.J.C.No.10501 of 2012 has been granted only to the graduate level.
6. Mr. Bharti, the learned counsel for the respondent-Board, however, has raised objection assailing the locus standi of the petitioners in both the writ applications to maintain the same, as, according to the learned counsel, the petitioners cannot legally represent the institution in question.
7. As this Court proposes to remand the matter to the respondent-Board for decision afresh in accordance with law, as earlier directed by this Court, it has not been found fit to examine the rival claims and contentions raised on behalf of the parties to the writ applications and adjudicate the same. Therefore, without going into the merits of the claims made in both the writ applications, the order dated 8-5-2012 passed by the respondent- Secretary, Bihar School Examination Board(Higher Secondary)(Annexure-1 in C.W.J.C. No. 11166 of 2012 and Annexure-10 in C.W.J.C.No.10501 of 2012) is quashed and the respondent-Board is directed to take decision afresh in accordance with law and in particular the provisions as contained in Chapter IIA of the Bihar School Examination Board(Amendment) Act, 8 Patna High Court CWJC No.10501 of 2012 (10) dt.27-08-2014 8/8 2007 and other relevant byelaws/rules. It is also directed that reasonable opportunity of hearing be granted by the respondent- Board to the writ petitioners which may include filing of writen submissions, if it is so required in the discretion of the Board, and consideration of the same by the Board. It is also taken into notice here that the learned senior counsel for the petitioners in both the cases have accepted that the petitioners shall appear before the respondent-Secretary of the Board on 8th September, 2014 along with a copy of this order. It is clarified that this Court has not expressed any opinion on the rival contentions and claims of the parties and the Board is at liberty to decide the matter in accordance with law/rules by a reasoned and speaking order preferably within two months from the date of receipt/production of a copy of this order.
8. Both the writ applications along with the M.J.C. application are, accordingly, disposed of with the aforesaid observations and directions.
B.Roy/- (V. Nath, J)
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