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Patna High Court

Shyam Sundar SahuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable until the petitioner exhausts the prescribed alternative remedy under the relevant rule and Section 24 of the Bihar Sanskrit Shiksha Board Act, 1981.

Summary

Shyam Sundar Sahu applied to become a life donor member of the managing committee of Mangal Sanskrit Primary cum Middle School, but his claim was rejected by the Chairman of the Bihar Sanskrit Education Board. He filed a writ petition seeking certiorari to set aside the order and mandamus directing his appointment. The respondents contended that the petition was not maintainable because the petitioner had not exhausted the statutory alternative remedy prescribed in Rule 12 of the 2015 Management Committee Rules, which requires an appeal to the Special Director, Secondary Education. The petitioner indicated willingness to pursue the alternative remedy. The Court held that the writ petition could not proceed until the statutory appeal is filed, and granted the petitioner liberty to file an appeal before the Special Secretary within four weeks, along with a petition for condonation of delay, after which the appellate authority will decide the matter.

Issues considered

  • Whether the writ petition is maintainable despite the petitioner not having exhausted the alternative remedy under Rule 12 of the Bihar State Non‑Government Aided Sanskrit School Management Committee Rules, 2015
  • Whether the petitioner is entitled to certiorary relief and mandamus without first filing the statutory appeal

Subjects

  • writ jurisdiction
  • certiorari
  • mandamus
  • non‑exhaustion of alternative remedy
  • education law
  • managing committee
  • Sanskrit school
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.18015 of 2023
                 ======================================================
                 Shyam Sundar Sahu son of Late Mahanthi Sahu, resident of village
                 Brahmpura, Police Station- Phulparas, District Madhubani
                                                                           ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar Through the Principal Secretary, Education Department,
                  Government of Bihar, Patna.
           2.    The Chairman, Bihar Sanskrit Education Board, Patna.
           3.    The Secretary, Bihar Sanskrit Education Board, Patna.
           4.    The District Education Officer, Patna.
           5.    The Block Education Officer, Ghoghardiha, District-Madhubani.
           6.     The Head Master, Mangal Sanskrit Primary cum Middle School,
                  Brahmpura, District Madhubani.
                                                              ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Prabhas Ranjan, Adv.
                 For the Respondent/s   :        Mr. Anil Kumar Singh, GP-26
                                                 Mr. Satyam Shivam Sundaram, Adv.
                                                 Mr. Aman Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   18-03-2026                 Heard learned counsel for the petitioner, learned

                   counsel appearing for respondent-State and learned counsel for

                   Bihar Sanskrit Shiksha Board.

                               2. The petitioner in the present writ application has

                   prayed for the grant of following reliefs:

                                                       “(A) A Certiorary for setting aside
                                            the order dated 17.08.2023 (Annexure-6)
                                            passed by the Chairman, Bihar Sanskrit
                                            Education Board, Patna whereby the Claim
                                            of the petitioner for life donor member of the
                                            managing committee of Mangal Sanskrit
                                            Primary cum Middle School has been
                                            rejected.
                                                       (B) A Mandamus commanding the
                                            respondents to make him life donor member
Patna High Court CWJC No.18015 of 2023(3) dt.18-03-2026
                                           2/3




                                  of the Managing Committee of Mangal
                                  Sanskrit Primary cum Middle School,
                                  Brahmpura, Block Ghoghardiha, in the
                                  District of Madhubani.
                                             (C) Any other relief or reliefs for
                                  which petitioner may be found entitled to in
                                  the facts and circumstances of the present
                                  case may be granted to him.

                      3. At the outset, learned counsel appearing for

          respondent-State and for respondent Bihar Sanskrit Shiksha

          Board raise objection regarding maintainability of the present

          case on the ground that the petitioner has directly approached

          this Court without availing the statutory alternative remedy

          available to the petitioner. In paragraph-7 of the counter

          affidavit filed by respondent no.1, specific objection to this

          extent has been raised which is as follows:

                                  “7. That it is most humbly submitted that the
                                  instant writ petition is not maintainable for
                                  reason that the petitioner has not ayailed/
                                  exhausted the prescribed alternative remedy
                                  Vide Rule 12 of the Bihar State Non-
                                  Government Aided Sanskrit School (up to
                                  Madhyama) Constitution of Management
                                  Committee Rule, 2015 (Annexure-1 to the
                                  writ application) which provides that any
                                  person aggrieved by the order of the Board
                                  or the Chairman, Bihar Sanskrit Shiksha
                                  Board shall within 60 days of the passing of
                                  the order file an appeal before the Special
                                  Director, Secondary Education who shall be
                                  the Competent authority to hear and decide
                                  the matter.”

                      4. Upon being confronted with the aforesaid
          Patna High Court CWJC No.18015 of 2023(3) dt.18-03-2026
                                                     3/3




                    preliminary objection raised by learned counsel appearing for

                    respondent State and for Bihar Sanskrit Shiksha Board, learned

                    counsel appearing for petitioner submits that he is prepared to

                    avail the alternative remedy and this case may be disposed of

                    accordingly.

                                5. In view of the submissions made by the parties

                    herein above, this writ application is disposed of granting liberty

                    to the petitioner to file an appropriate appeal before the Special

                    Secretary, Education Department, Government of Bihar, as per

                    the requirement of Section 24 of the Bihar Sanskrit Shiksha

                    Board Act, 1981. This appeal must be filed within four weeks

                    from today along with a petition for condonation of delay. The

                    Appellate Authority shall consider the appeal and also the

                    petition for condonation of delay and decide the same in

                    accordance with law, as expeditiously as possible.


                                            (Alok Kumar Sinha, J)

Prakash Narayan
U


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