Patna High Court
Akhil Bhartiya Jan Kalyan ParishadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The dispute between the managing committees must be decided by the Director (Academic) of the Bihar School Examination Board, Senior Secondary, and the writ petition is disposed.
Summary
The petitioners, a society and an individual, challenged an order dated 18‑07‑2024 of the District Appellate Authority, West Champaran, alleging that the authority lacked jurisdiction over a dispute between two managing committees of a college. The High Court observed that the rival claims could be more appropriately resolved by the Director (Academic) of the Bihar School Examination Board, Senior Secondary, after giving both parties a hearing. It clarified that the District Appellate Authority’s order would not impede the determination of the parties’ claims. The Court directed the parties to file separate petitions before the Director within two weeks, attaching supporting documents, and directed the Director to hear them and issue a reasoned order within six weeks. Accordingly, the writ petition was disposed with these directions.
Issues considered
- Whether the District Appellate Authority had jurisdiction to entertain the dispute between the two managing committees.
- What is the appropriate forum for adjudicating the rival claims of the managing committees?
- Whether the writ petition should be dismissed or directed to be pursued before the Director (Academic) of the Bihar School Examination Board.
Legislation cited
Subjects
- jurisdiction
- district appellate authority
- managing committee dispute
- education board
- civil writ jurisdiction
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11522 of 2024
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1. Akhil Bhartiya Jan Kalyan Parishad Gahiri Kothi, West Champaran. At
Society, registered under the Society Registration Act 1860, through its
Chairman, Kashi Nath Prasad, S/o Late Ganesh Sah, Male, Aged about 63
years, r/o Gahiri Kothi, P.O.- Victoria Mission, P.S.- Nutan, Dist- West
Champaran.
2. Kishori Sah, S/o Late Sheo Prasad Sah, R/o Vill and P.O.- Khadda, P.S.-
Nautan, Dist.- West Champaran. Presently Posted as Principal Cum
Secretary, Bhatiya Inter Collage, Gahiri, Nautan, West Champaran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar.
2. The Director, Secondary Education, Bihar, Patna.
3. The District Education Officer, West Champaran, Bihar.
4. The Bihar School Examination Board, Patna through its Secretary.
5. The Secretary, Bihar School Examination Board (Senior Secondary), Patna.
6. The Director (Academic), Bihar School Examination Board (Senior
Secondary), Patna.
7. Pradeep Kumar, S/o Rajendra Pandey, R/o Vill- Goithaha, P.S.- Har Siddhi,
West Champaran, Presently Posted as Lecturer in Bhatiya Inter Collage,
Gahiri, Nautan, West Champaran, Bihar.
8. Pradeep Kumar Yadav, S/o Munni Lal Yadav, R/o Vill- Gahiri, P.S.- Nautan,
West Champaran, Presently Posted as Peon in Bhatiya Inter Collage, Gahiri,
Nautan, West Champaran, Bihar.
9. Krishna Ram, S/o America Ram, R/o Vill- Ghum Nagar, Badoriya Tola,
Ward No.06, P.S.- Nautan, West Champaran. Presently Posted as Peon in
Bhatiya Inter Collage, Gahiri, Nautan, West Champaran, Bihar.
10. Amlesh Kumar Pandey, S/o Late Nag Narayan Panday, R/o Vill- Sareya
Kayehari, P.S.- Paharpur, East Champaran. Presently Posted as Accountant
in Bhatiya Inter Collage, Gahiri, Nautan, West Champaran, Bihar.
11. Anuj Kumar Rai, S/o Chokat Rai, R/o Vill- South Teluha, P.S.- Nautan, West
Champaran. Presently Posted as Office Attendent in Bhatiya Inter Collage,
Gahiri, Nautan, West Champaran, Bihar.
12. Naresh Thakur, S/o Late Radha Thakur, R/o Vill- South Teluha, P.S.-
Nautan, West Champaran, Presently Posted in Bhatiya Inter Collage, Gahiri,
Nautan, West Champaran, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Singh, Advocate
For the Respondent/s : Mr. Government Pleader 17
Patna High Court CWJC No.11522 of 2024(10) dt.05-02-2026
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
10 05-02-2026 After having heard the learned Advocate for the
respective parties and taking note of the materials available on
record this Court finds that there is rival claims between the two
Managing Committee and the same could very well be resolved
by the Director Academy, Bihar School Examination Board,
Senior Secondary, Patna, after giving proper opportunity of
hearing to both the stake holders.
2. Since, the petitioners of the present case is
aggrieved with the order dated 18.07.2024 passed in Case No.
38 of 2023 by the District Appellate Authority, West Champaran
at Bettiah, contained in Memo No. 92 dated 19.07.2024, inter
alia, on the ground of District Appellate Authority having no
jurisdiction, it is made clear that the order of the District
Appellate Authority will not come in the way to determine the
claim of the parties.
3. In view of the aforesaid facts and circumstances, it
is expected that both the parties shall approach before the
respondent no. 6, preferably, within a period of two weeks by
filing a separate petition along with all the documents in support
of their respective claims.
4. On receipt of the petitions, the respondent no. 6
Patna High Court CWJC No.11522 of 2024(10) dt.05-02-2026
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shall fix a date of hearing and after hearing all the stake holders,
shall pass a reasoned and speaking order within a further period
of six weeks.
5. The writ petition stands disposed off with the
aforesaid direction and observation.
(Harish Kumar, J)
khushbu/-
U
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