Patna High Court
Ram Lakhan Singh Yadav College,versusBihar School Examination Board,
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The court directed the Secretary of the Bihar School Examination Board to issue a definitive order allowing the college to operate its bank accounts and stayed the impugned BSEB order of 18.12.2025.
Summary
Ram Lakhan Singh Yadav College filed a writ petition seeking a direction for the State Bank of India to allow operation of its two bank accounts by the Governing Body/Managing Committee constituted by the Bihar School Examination Board (BSEB). The college argued that the Board had duly notified the bank through Memo No. 2854/2023 and a subsequent letter, authorising joint signatures of the Principal‑cum‑Secretary and the senior most teacher. The bank, however, placed a hold on the accounts citing disputes and a later BSEB order dated 18.12.2025 demanding a utilization certificate or threatening an FIR. The court noted that the Board had already permitted the college to operate the accounts but the bank faced uncertainty due to the alleged irregularities and the pending appeal before the District Teachers Appellate Authority. Consequently, the court directed the Secretary of the BSEB to issue a definitive decision on the account operation within four weeks and stayed the impugned 18.12.2025 order. The writ petition was thereafter disposed.
Issues considered
- Whether the State Bank of India is obligated to permit the college to operate its accounts as per the BSEB‑constituted Governing Body and Managing Committee.
- Whether the BSEB order dated 18.12.2025 directing submission of a utilization certificate and threatening an FIR should be stayed.
- Whether the court should direct the BSEB to provide a clear directive to the bank for account operation.
Subjects
- bank account operation
- governing body
- managing committee
- writ petition
- stay order
- Bihar School Examination Board
- State Bank of India
- college administration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18237 of 2024
======================================================
Ram Lakhan Singh Yadav College, Nawada, District Nawada through its
Principal cum- Secretary Surendra Prasad Yadav (Male), aged about 57 Years,
Son of Dharm Prasad Yadav, Resident of Village Bardaha, P.O. - Manjhauli,
P.S. Parnadawar (Sirdala), District - Nawada.
... ... Petitioner/s
Versus
1. Bihar School Examination Board, Higher Secondary, Budha Marg, Patna
through its Secretary.
2. The Chairman, Bihar School Examination Board, Higher Secondary, Budha
Marg, Patna.
3. The Secretary, Bihar School Examination Board, Higher Secondary, Budha
Marg, Patna.
4. The Deputy Secretary (College Establishment), Bihar School Examination
Board, Higher Secondary, Budha Marg, Patna.
5. State Bank of India through its General Manager, 4th Floor, West Gandhi
Maidan, Patna.
6. The Branch Manager, State Bank of India, Agricultural Development Bank,
Nawada.
7. The District Teacher Appointment Appellate Authority, Nawada through its
Member.
8. Vikas Singh Son of not known to the Petitioner the Officiating Secretary of
the District Teacher Appointment Appellate Authority, Nawada.
9. Meena Sinha W/o Rajo Yadav, Resident of Mohalla - Ram Nagar Nawada,
Near Nawada Sadar, P.S. Nawada, District - Nawada, Pin - 805110.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Adv.
For the Respondent/s : Mr. P.K.Shahi, Adv. General
For the Resp. 7 and 8 : Mr. Ram Vinay Prasad Singh, Adv.
For the Resp. 9 : Mr. Sudhir Kumar Singh, Adv.
Mr. S. Sandana, Adv.
For the Bank : Mr. Rakesh Kumar Singh, Adv.
For the BSEB : Mr. Gyan Shnakar, Adv.
Mr. Nilendy Chaudhary, Adv.
Mr. Ajay, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 05-02-2026 Heard the parties.
2. The petitioner claiming to be the Secretary of the
Patna High Court CWJC No.18237 of 2024(3) dt.05-02-2026
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Ram Lakhan Singh Yadav College has approached this Court
seeking a direction upon the State Bank of India, Agricultural
Development Bank, Nawada to allow the operation of the Bank
Account bearing Account No. 31090181998 and Account No.
31629312575 through the Governing Body/Managing
Committee as notified by the Bihar School Examination Board
vide Memo No. 2854 dated 10.10.2023.
3. Learned Advocate for the petitioner taking this
Court to the letter bearing Memo No. 2854/D-2023 dated
10.10.2023 has submitted that the respondent Board after due
consideration has constituted a Governing Body and Managing
Committee in the college and the petitioner being the Principal-
cum-Member Secretary of the Governing Body as well as
Managing Committee of the college, his name figured at serial
no. 2. The aforesaid constituted Governing Body of the college
held a meeting on 18.10.2023 and unanimously decided that the
bank account of the college would be operated under the joint
signature of the Principal-cum-Secretary as well as senior most
teacher of the college. Since there was a rival claim and dispute
in the Committees, hence the bank was not in a position to take
a decision to allow either of the party to operate the bank
account, therefore a guideline was also sought for by the
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respondent Board.
4. In pursuant thereto, the respondent Board made a
communication to the Bank through its letter bearing no. 3491
dated 07.12.2023 informing the bank that proper Governing
Body/Managing Committee has been constituted by the Board
and it is only such Governing Body and Managing Committee
who will be entitled and responsible for operation of the bank
account. Despite the afore-noted position, the State Bank of
India has not allowed to operate the bank account and put a
hold. In the meanwhile, the Board has come out with a letter no.
2015/D-2025 dated 18.12.2025 issued under the signature of the
Deputy Secretary (College Establishment), Bihar School
Examination Board, addressed to the petitioner college, by
which the college has been directed to submit the utilization
certificate of grant as was sent in favour of the college for the
academic sessions 2013-15 and 2014-16 or to return the
aforesaid amount failing which the First Information Report
would be lodged.
5. The afore-noted order dated 18.12.2025 has also
been questioned by filing interlocutory application bearing I.A.
No. 1 of 2026. The respondent no. 9 also entered his appearance
and submitted before this Court that she preferred an appeal
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before the District Teachers Appellate Authority bearing Appeal
No. 2 of 2022 for grant of salary, which has been denied
because of the irregularities committed by the members of the
Governing Body. On account of pendency of the afore-noted
appeal, the Secretary of the District Appellate Authority has
written a letter to the Bank to keep the accounts in question, on
hold, and, as such, despite the order passed by the Board, the
operation of the account could not be allowed to run by the
newly constituted Managing Committee.
6. Learned Advocate for the respondent nos. 7 and 8
submitted that in the entire episode the concerned respondents
have no role with respect to the operation of the accounts.
However certain allegation has been levelled, against them,
which are vehemently refuted.
7. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the fact that there is already a decision taken by the Board
allowing the petitioner to operate the account in question,
however, because of some allegations and dispute, the bank is
facing difficulty to take an appropriate decision. Hence, in order
to resolve the dispute once for all, this Court directs the
Secretary of the Bihar School Examination Board to look into
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the matter and take an appropriate decision forthwith respect to
operation of the bank account and communicate the same to the
Bank. It is made clear that on receipt of the said decision/order
the bank will allow the concerned office bearer of the college to
operate the accounts, in question, forthwith. It is expected that
this exercise must be completed within four weeks from the
date/receipt of a copy of this order.
8. In the meantime, the operation of the impugned
order bearing letter no. 2015/D-2025 dated 18.12.2025 shall
remain stayed.
9. The writ petition stands disposed off.
(Harish Kumar, J)
supratim/-
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