Patna High Court
Case Details
Patna High Court CWJC No.13469 of 2012 (7) dt.10-05-2013 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13469 of 2012 ====================================================== 1. Mahanth Siyaram Das S/O Late Mahant Bharat Das Resident Of Village- Rampur, P.S- Bakhari, District- Begusarai. Versus .... .... Petitioner/s 1. The State Of Bihar 2. The Principal Secretary, Department Of Human Resources Government Of Bihar, Patna. 3. The Chairman, Bihar School Examination Budh Marg, Patna. 4. The Secretary, Bihar School Examination Budh Marg, Patna., (Bihar Intermediate Education Council Now Vested In Bihar School Examination Board) 5. Sub- Divisional Officer, Bakhari, District= Begusarai-cum- Chairman, Ad-hoc Committee Of Mahant Bharat Das Inter College, Rampur, Bakhari, District- Begusarai. 6. Sri Vibakar Pd. Singh, S/o late Dev Nandan Pd. Singh, presently working as Incharge Principal, Mahanth Bharat Das Inter College, Rampur,Bakhari, District-Begusarai. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Yugal Kishore Prasad, Sr. Advocate Mr. Shashi Bhushan Singh, Advocate For the Respondent Nos. 1 & 2 : Mr. Rajesh Kumar Sinha, A.C. to G.P. 21 For the Respondent Nos. 3 and 4 : Mr. Ranjit Sinha, Advocate. For the Respondent Nos. 5 and 6 : Mr. Pramod Kr. Sinha, Advocate Mr. Arvind Kr. Sharma No.1, Advocate For the Intervenor : Mr. Kishore Kr. Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 7 10-05-2013
Legal Reasoning
Heard the parties. 2. The petitioner, claiming to be the Secretary of the erstwhile Managing Committee of Mahanth Bharat Das Inter College, Rampur, Bakhari in the district of Begusarai ( in short Patna High Court CWJC No.13469 of 2012 (7) dt.10-05-2013 2 ‘college in question’ ) has approached this Court under Article 226 of the Constitution of India raising a grievance that in view of the advertisement No. 23 of 2012 (Annexure-11) issued under the signature of the Secretary, Bihar School Examination Board, Patna, (in short ‘Board’), and published on 16.6.2012 in a news paper, he filed a representation on 17.6.2012, which is a part of Annexure-11, before the Respondent No. 4, but till date the aforesaid representation filed by the petitioner for redressal of his grievances has not been disposed of by respondent No. 4 and/or any other competent authority of the respondent-Board for reasons best known to them. According to the petitioner, in fact, one Chandramouli Singh is the Professor-in-Charge of the college in question, therefore, respondent No. 6 is not entitled to discharge the function of Professor-in-Charge or Incharge Principal of the said college.
Legal Reasoning
3. Learned counsel appearing on behalf of respondent Nos. 5 and 6 has strongly opposed the prayer made in the present writ application. According to him, by a notification dated 18.8.2006 ( Annexure-4) issued under the signature of the Secretary of the then Bihar Intermediate Education Council, Patna, in exercise of powers’ conferred under Section 44(4) of the Bihar Intermediate Education Council Act, 1992 , an Ad hoc Patna High Court CWJC No.13469 of 2012 (7) dt.10-05-2013 3 Committee was constituted for the college in question. According to him, the respondent No. 6 has been working as an Incharge Principal of the college in question right from the year 1998. Therefore, the claim of the petitioner that one Shri Chandramouli Singh is the Professor-in-Charge of the college in question is not correct. He has further drawn attention of this Court towards the judgment and order dated 25.11.2010 (Annexure-5) passed in C.W.J.C. No. 15374 of 2010 along with C.W.J.C. No. 15381 of 2010, whereby a Bench of this Court had issued a direction that till a regular governing body is constituted by the Bihar School Examination Board, the Sub-Divisional Officer, Bakhari, shall continue to work as a Convener of the Ad hoc Committee constituted by the notification dated 18.8.2006 (Annexure-4). According to the learned counsel, the judgment and order dated 25.11.2010 has attained its finality. 4. After having heard the parties, and on consideration of the materials available on record, this Court finds that pursuant to the order dated 25.11.2010 (Annexure-5) passed in C.W.J.C. No. 15374 of 2010 along with C.W.J.C. No. 15381 of 2010, which were filed by aforesaid Chandra Mouli Singh and the present writ petitioner respectively, the respondent-Board was required to take steps for constitution of a regular governing body for the college Patna High Court CWJC No.13469 of 2012 (7) dt.10-05-2013 4 in question. Admittedly, no final decision has been taken as yet by the respondent-Board. This Court further finds that petitioner had filed a representation dated 17.6.2012 (Annexure-11) to the respondent Secretary of the Board raising disputes with regard to functioning and working of the college in question and the issue as to who should be allowed to function as Professor-in-Charge or Incharge-Principal of the college in question. Admittedly, the
Decision
representation filed by the petitioner has not been disposed of till date. In the considered opinion of this Court, a final decision is required to be taken by the respondent-Board and its functionaries with respect to all the issues, referred to above, within a reasonable period of time. If there is some legal hurdle in the way of respondent-Board in taking a final decision, either regarding constitution of regular governing body for the college in question and similar other colleges in the State of Bihar or, regarding appointment/functioning of the Professor-in-Charge/Incharge- Principal of the college in question, then law is required to be suitably amended by the State Govt. and for that respondent-Board and its functionaries are required to approach the State Govt. and its functionaries to take steps in promptitude for suitable legislation or amendment in the existing legislation. 5. Without expressing any final opinion with respect Patna High Court CWJC No.13469 of 2012 (7) dt.10-05-2013 5 to the issues raised by the parties in the present proceeding, this matter is being disposed of, for the present, with a liberty to the petitioner to file a comprehensive representation with all supporting documents raising all the issues, which have been raised in the present proceeding, before the Chairman of the respondent-Board (respondent No. 3) within a period of one month from today. 6. If such a comprehensive representation with all supporting documents and a certified copy of the present order is filed within the time prescribed by the petitioner, then the Chairman of the respondent-Board and/or any other competent authority of the respondent-Board shall be obliged to consider and decide the same by a reasoned and speaking order, after giving an opportunity of hearing to all concerned including respondent Nos. 5 and 6. While taking final decision the respondent authority of the Board shall also take into consideration the effect of the notification dated 18.8.2006 (Annexure-4 ), effect of Repealling Act, 2007 by which Bihar Intermediate Education Council Act, 1992 was repealed, and other relevant laws as also the judgment and order dated 25.11.2010 passed in C.W.J.C. No. 15374 of 2010 along with C.W.J.C. No. 15381 of 2010 (Annexure-5). 7. Entire exercise must be completed by respondent Patna High Court CWJC No.13469 of 2012 (7) dt.10-05-2013 6 No. 3 and/or any other competent authority within a maximum period of six months from the date of filing of comprehensive representation by the petitioner, as directed above. 8. The writ application stands finally disposed of with the observation and direction made above. 9. Interim order of stay passed by a Bench of this Court vide order dated 7.8.2012 stands vacated. (Birendra Prasad Verma, J) sudip/-