Patna High Court
Lakhan LalversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
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
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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
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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/-
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