Harendra Kumar Singh v. The State Of Bihar

7. The Director (Teaching) Bihar School Examination Board, Patna 8. Dhirendra Kumar Singh, S/o Late Shyam Dev Singh, Principal-in-Charge of Shri Anugrah Narayan Singh, College, Dharm Samj Chowk, P.S. Nagar Motihari, Dist. East Champran.

9. Awadhesh Kumar Singh, S/o late Billtu Singh, R/o Mohalla Anandpuri Belwana, P.S. Town (Motihari), Dist. East Champaran. .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Swesh Prasad Singh, Adv. For the Board : Mr. Sunil Kumar Mandal, Adv. For the Intervenors : Mr. Manindra Kishore Singh, Adv. Mr. Rakesh Kumar Singh, Adv. For the State : Mr. Rajesh Kumar Singh, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3 08-05-2013 Heard learned counsel for the parties.

2. In this writ application, the prayer of the petitioners is plain and simple and reads as follows:- Patna High Court CWJC No.11616 of 2012 (3) dt.08-05-2013 “commanding and directing upon the respondents authorities to modify the Notification Vide Memo No. BSSB(SS)102/SC/11 dated 23-08-2011 (A-1) issued under the signature of the Secretary, Bihar School Examination Board (SS) Budha Marg, Patna by which whereby and whereunder the Respondent Board has grant recognition of the petitioners college only for three sessions from 2011-2013 and permit to take only 40 students in each faculty (Arts, Science and Commerce) under the new Act i.e. The Bihar Intermediate Education Council Repeal Act, 2007, instead of the Bihar Intermediate Education Council Act, 1992 also with the violation of the Section-7 (Saving) of the Bihar Intermediate Education Council Repeal-7 (Saving) provided that “Not with standing such repeal, anything done or any action taken in exercise of any power conferred by or under the said Act shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing or action was done or taken” and with regards the Regional Deputy Director of Education, (R.D.D.E.) Tirhut Division, Muzaffarpur has also after making proper inspection submitted inspection report on dated- 21-01-2011, as per the instruction of the respondent Board and recommended for the same. And For issuance of Writ in the nature of Mandamus directing and commanding the respondent authorities to extend the date of affiliation with effect from 4-09-2006 (application pending for affiliation) instead of 23.08.2011 and further re-consider the matter accordingly.”

3. Learned counsel for the petitioners has submitted that while it may be within the domain of the Bihar School Patna High Court CWJC No.11616 of 2012 (3) dt.08-05-2013 Examination Board, hereinafter referred to as the Board to grant recognition to an intermediate institution but it cannot keep such institution on tenterhook by giving only a periodical extension and that too by circumscribing the number of students.

4. In this case, two intervention application have also been filed, one by Dhirendra Kumar Singh claiming to be the present Principal In-charge and the other one by Awadhesh Kumar Singh, the former Principal In-charge who have questioned the bonafide of the petitioners in representing the institution. It is also infact quite interesting to note that there is another Principal In- charge, the petitioner no.2 of this case who according to the intervenors have already been removed from the institution. Therefore, this Court is now faced with a situation of having three Principal In-charges who are agitating the issue as with regard to the impugned order of the Board in respect of grant of recognition and fixing the number of students.

5. Normally, the issue of locus-standi could not have the basis for deciding this writ application but then if the institution, in question, an intermediate college is itself riddled with such dispute, this Court would not like to exercise its discretionary power as with regard to the relief sought in this writ application. Patna High Court CWJC No.11616 of 2012 (3) dt.08-05-2013

6. In such a situation, when there is a serious dispute as with regard to the functioning of the college and the three Principal In-charges have staked their separate claims in respect of the college, this Court would not be very confident of the functioning of such an institution. In that view of the matter, this Court would not treat this writ application to have been filed by the genuine persons unless such dispute is decided in a properly constituted civil suit. Thus whosoever wants to establish his right in capacity of the Secretary and the Principal In-charge of the college, therefore, must file a civil suit and get a declaration from the civil court.

7. That being so, this application is disposed of with a liberty to any of the party to file a properly constituted civil suit to get the issue of Secretary and Principal (Principal In-charge) decided, whereafter, the Board shall do the needful.

8. It will be also open for any of the parties to file the suit or contest therein and to also seek injunction as with regard to the misappropriation of any fund of the college.

9. In view of the fact that the petitioners have given an undertaking that they would institute a suit within a period of one month, this Court would restrain the official respondents State of Bihar including District Education Officer, East Champaran not to Patna High Court CWJC No.11616 of 2012 (3) dt.08-05-2013 release fund of any nature to any person of this institution.

10. In the meantime, the institution will of-course keep on functioning under the impugned order issued by the Board which is subject matter of this writ application.

11. The aforesaid interim order shall come to an end either on the date of filing of the suit or filing of the injunction petition or on the date of expiry of a period of one month whichever is earlier.

12. With the aforesaid observations and directions this writ application is disposed of. (Mihir Kumar Jha, J) Rishi/-