IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A.No.347 of 2008
Stephan Murmu. ... ... ... ... ...Appellant(s)
-Versus-
Chandra Mohan Bhandari & Ors. ... ...Respondent(s)
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE D.K.SINHA
For the Appellant(s) : Mr. A.K.Sinha, Sr. Advocate.
For the Respondent(s): M/s Sanjay Piprawall & Rajesh Kumar,
Advocates.
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02/ 25.09.2008
This appeal has been preferred against a portion of the
order dated 08.07.2008 passed in W.P.(S)No.2324 of 2007 by which
the writ petition was allowed and it was held that the College namely
Sidhu Kanu Memorial Inter College, Maheshpurraj, Pakur is not a
recognized Institution.
It was submitted that the writ petition had been filed in
regard to a dispute relating to the seniority of one Chandra Mohan
Bhandari-the writ petitioner and while deciding the same, there was no
reason to hold that the College itself is not a recognized Institution. But
the Counsel is missing that the fall out of this observation was obvious
to the effect that the question of deciding the seniority of two
professors of the College did not arise at all once the College itself was
held to be unrecognized.
However, the Counsel for the appellant submitted that
this was not the issue before the learned Single Judge and hence
learned Single Judge should not have made any observation affecting
the status of the Institute.
This cannot be allowed to be assailed by way of an
appeal but in our opinion even though the said issue was not raised
before the learned Single Judge and yet if the same was decided
affecting the Institution, it is for the petitioner to file a Review Petition
before the learned Single Judge and apprise him of the position. In so
far as this appeal is concerned, the same cannot be entertained for
2.
rectification of a question of fact and for entertaining an appeal on an
issue which was not raised.
The appeal, under the circumstance, is dismissed with
liberty to file a petition for review.
[Gyan Sudha Misra, C.J.]
[D.K.Sinha,J.]
P.K.S./S.B.