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Patna High Court

Kamleshwar PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the writ petition is not maintainable for mandamus against the Managing Committee and directed the petitioners to approach the appropriate education authority.

Summary

The petitioners, teachers and non‑teaching staff of R.P.B.D. Inter College, alleged that the Managing Committee failed to disburse the full salary/honorarium for the academic year 2011‑13 despite an order by the District Education Officer referred by the State Appellate Authority. The respondents contended that the dues had already been paid from the college’s internal resources and argued that a writ of mandamus could not be issued against the Managing Committee. The court examined whether the writ petition was maintainable and whether mandamus was an appropriate remedy. It observed that the dispute had already been addressed by the District Education Officer and that the appropriate forum for the petitioners was either the Bihar State Teaching Institution Teachers & Employees Authority or the concerned District Education Officer. Consequently, the writ petition was disposed of with directions to approach the proper authority for further relief.

Issues considered

  • Whether a writ of mandamus can be issued against the Managing Committee of a college for non‑disbursement of salary/honorarium.
  • Whether the writ petition is maintainable in the High Court.

Subjects

  • writ jurisdiction
  • mandamus
  • salary disbursement
  • educational institution
  • public authority
  • administrative remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5403 of 2020
                  ======================================================
            1.     Kamleshwar Pandey S/o Late Ramashankar Pandey, R/o Village- Bediban
                   Madhuban, Via- Damodarpur, District- East Champaran.
            2.    Subh Narayan Prasad Jaiswal, S/o Baiju Prasad, R/o Village Pipra PS- Pipra,
                  Damodarpur, District- East Champaran.
            3.    Diwakar Bhushan Shrivastava, S/o Late Lakshman Prasad Shrivastava, R/o
                  Village- Pipra Station, Damodarpur, District- East Champaran.
            4.    Anupama Rajbansh D/o Vijay Kunar Singh, R/o Mohalla- Belbanwa, P.O.-
                  Motihari Town, District- East Champaran.
            5.    Sanjay Kumar, S/o Late Laxmi Narayan Prasad, R/o Village- Bediban
                  Madhuban, Via- Damodarpur, P.O.- Pipra, District- East Champaran.
            6.    Prabhat Kumar Singh S/o Surendra Prasad Singh, R/o Mohalla- Belbanwa,
                  P.O.- Motihari Town, District- East Champaran.
            7.    Alok Kumar, S/o Late Satyanarayan Trivedi, R/o Village- Satyamurti Niwas,
                  Gaushala Chawk, P.O.- Ramna Mithanpur, District- Muzaffarpur.

                                                                           ... ... Petitioner/s
                                                   Versus
            1.    The State of Bihar through the Principal Secretary, Education Department,
                  Bihar, Patna.
            2.    The Director, Higher Secondary, Education Department, Bihar, Patna.
            3.    The Chairman, Bihar School Examination Board (Higher Secondary), Patna.
            4.    The Secretary, Bihar School Examination Board (Higher Secondary), Patna.
            5.    The District Education Officer, Government of Bihar East Champaran.
            6.    The Chairman, Managing Committee, R.P.B.D., Inter College, Pipra Station,
                  East Champaran.
            7.    Birendra Prasad, Principal In-charge, R.P.B.D., Inter College, Pipra Station,
                  East Champaran.
            8.    The Accountant General, Government of India, R. Block Roundabout, Patna,
                  Bihar.
            9.    The Director General of Police, Sardar Patel Bhawan, Patna.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr. Ravi Shankar Ganguli, Adv.
                  For the Respondent/s   :      Mrs. Shilpa Singh, GA-12
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

11   12-02-2026                  Heard learned Advocate for the parties.
Patna High Court CWJC No.5403 of 2020(11) dt.12-02-2026
                                            2/3




                      2. The matter relates to disbursement of the grant to

          the teacher and non-teaching employees of the college in

          question,      namely, Rameshwar                Prasad   Bhagyawati   Devi

          Intermediate college at Pipra, East Champaran.

                      3. Learned Advocate for the petitioner contended that

          despite the order having been passed by the District Education

          Officer, on being referred by the State Appellate Authority, the

          Managing Committee of the college in question has not

          disbursed the entire due amount for the academic year 2011-13

          and onwards, causing serious prejudice to the petitioners.

                      4. A counter affidavit has been filed on behalf of

          respondent no. 7 and apprised this Court that the petitioners

          have already been paid their salary/honorarium for the session

          2011-13 from the internal resources of the college vide letter no.

          385/ 2023 dated 17.11.2023.

                      5. Learned Advocate for the respondent no. 6 and 7

          however, further contended that in any view of the matter the

          present writ petition is not maintainable inasmuch as no writ of

          mandamus can be issued against the Managing Committee of

          the college.

                      6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of
             Patna High Court CWJC No.5403 of 2020(11) dt.12-02-2026
                                                         3/3




                       the fact that at some point of time the dispute with regard to

                       disbursement of the due salary/honorarium of the petitioner was

                       taken care of by the District Education Officer, East Champaran,

                       Motihari on being referred by the Bihar State Teaching

                       Institution Teachers and Employees Authorities, this Court

                       thinks it appropriate to extend the liberty to the petitioners to

                       approach either before the Bihar State Teaching Institution

                       Teachers & Employees Authority or the concerned District

                       Education Officer, who shall look into the matter and take

                       appropriate decision after giving opportunity of hearing to all

                       the stakeholders.

                                   7. The writ petition stands disposed off, with the

                       aforesaid observation.



                                                  (Harish Kumar, J)
supratim/-

U


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