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Patna High Court

Lakhan LalversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The Court held that the order dated 07‑05‑2010 cannot be questioned because the underlying Three Member Committee report was never challenged, and therefore the writ petition is dismissed.

Summary

The petitioner, Lakhan Lal, filed a writ petition challenging Memo No.228 (P) dated 07‑05‑2010 issued by the Director of Secondary Education, Bihar, which was based on a Three Member Committee report prepared pursuant to Supreme Court orders. The respondent State argued that the order could not be contested without first challenging the Committee report. The petitioner admitted that the report had not been challenged and sought leave to do so through an interlocutory application. The Court held that the petitioner was aware of the report since 2008 and could not now raise a fresh challenge to it, and consequently the order based on that report could not be questioned. The writ petition was dismissed.

Issues considered

  • Whether the petitioner can challenge the 07‑05‑2010 order of the Director of Secondary Education without first challenging the Three Member Committee report on which it is based.
  • Whether a writ petition can be entertained when the foundational report has not been previously contested.

Subjects

  • writ jurisdiction
  • administrative order
  • Three Member Committee report
  • challenge of order
  • procedural default
  • Supreme Court directives
  • civil writ

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.6385 of 2017
                  ======================================================
                  Lakhan Lal Son of Late Soni Saw, Resident of Village-Mananpur, P.O.-
                  Mirganj, P.S.-Satgawan, District-Koderma.

                                                                            ... ... Petitioner/s
                                                     Versus
            1.    The State Of Bihar
            2.    The Director, Secondary Education, Education Department, Government of
                  Bihar, Patna.
            3.    The District Magistrate, Nawada.
            4.    The District Education Officer, Nawada.
            5.    The District Programme Officer, Establishment, Nawada.
            6.    The Block Education Officer, Govindpur, Nawada.
            7.    The Incharge Principal, Project Kanya Inter College, Govindpur, Nawada.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :     Mr.Krishna Kant Singh, Advocate
                  For the Respondent/s   :     Mr.Smt. Binita Singh-Sc28
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

10   20-01-2026                   Heard learned counsel for the petitioner and learned

                    counsel appearing for respondent-State.

                                2. In the present writ application, the petitioner has

                    mainly challenged the Memo No.228 (P) dated 07.05.2010

                    passed by Director, Secondary Education, Govt.of Bihar, Pana.

                                3. From perusal of the impugned order dated

                    07.05.2010 (Annexure-4), it is apparent that this order has been

                    passed by the Director, Secondary Education, Govt. of Bihar

                    based on the observation and recommendation made by Three

                    Member Committee which was constituted pursuant to orders
Patna High Court CWJC No.6385 of 2017(10) dt.20-01-2026
                                           2/3




          passed by the Hon’ble Supreme Court in Civil (Appeal)

          No.6626-6675 of 2001 along with Civil(Appeal) No.6676-6681

          of 2001. The said report of the Three Member Committee has

          been brought on record by the respondent-State through

          supplementary counter affidavit and has been annexed as R/D.

                      4. Learned counsel for the respondent-State submits

          that since the impugned order dated 07.05.2010 is based on the

          Three Member Committee report constituted in light of Hon’ble

          Apex Court orders, the same cannot be questioned or challenged

          without challenging the Three Member Committee report.

          Learned counsel for the petitioner admits to the fact that the

          Three Member Committee Report has not been challenged by

          the petitioner and he seeks permission to challenge the same by

          filing the interlocutory application.

                      5. Considering the submissions made by both the

          parties, I am not inclined to grant opportunity to the petitioner to

          challenge the Three Member Committee Report now at this

          stage when the same was already in the knowledge of the

          petitioner way back in the year 2008 itself, as is apparent from

          the impugned order dated 07.05.2010.

                      6. Thus, in view of the fact that the foundational

          Report of the Three Member Committee (Annexure R/D) has
            Patna High Court CWJC No.6385 of 2017(10) dt.20-01-2026
                                                       3/3




                      not been questioned or challenged by the petitioner, therefore,

                      the consequential order dated 07.05.2010 based on the said

                      report also cannot be allowed to be questioned in the present

                      writ application.

                                  7. For the reasons as aforesaid, this writ application is,

                      therefore, dismissed.



                                                                      (Alok Kumar Sinha, J)
sanjeev/-

U


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