Patna High Court
Shyam Sundar SahuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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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