IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14949 of 2010
1. BIDYA NAND YADAV S/O LATE YAMUNA PRASAD YADAV R/O VILL KURAI
CHAPRA, P.O.KHAIRWAR, P.S.REVELGANJ, DISTT-SARAN(CHAPRA)
2. RAJ KISHORE RAY S/O SRI PUNI RAY R/O VILL & P.O.SAKKADDI,
P.S.JALALPUR, DISTT-SARAN(CHAPRA)
Versus
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT GOVERNMENT OF BIHAR, PATNA
3. THE DIRECTOR, SECONDARY EDUCATION DEPARTMENT GOVERNMENT OF
BIHAR, PATNA
4. THE DEPUTY DIRECTOR, SECONDARY EDUCATION DEPARTMENT
GOVERNMENT OF BIHAR, PATNA
5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION SARAN DIVISION,
CHAPRA
6. THE DISTRICT EDUCATION OFFICER SARAN AT CHAPRA
7. THE DISTRICT MAGISTRATE SARAN AT CHAPRA
8. THE BIHAR SCHOOL EXAMINATION BOARD (SENIOR SECONDARY) BUDH
MARG, PATNA THROUGH ITS SECRETARY
9. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD (SENIOR
SECONDARY) BUDH MARG, PATNA
10. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD (SENIOR
SECONDARY) BUDH MARG, PATNA
11. THE DIRECTOR, BIHAR SCHOOL EXAMINATION BOARD (SENIOR
SECONDARY) BUDH MARG, PATNA
12. THE GOVERNING BODY, JAGLAL RAI COLLEGE ROUJA, CHAPRA,
P.S.CHAPRA, DISTT-SARAN (CHAPRA)
13. THE SECRETARY, GOVERNING BODY, JAGLAL RAI COLLEGE ROUJA,
CHAPRA, P.S.CHAPRA, DISTT-SARAN (CHAPRA)
14. THE PRINCIPAL, JAGLAL RAI COLLEGE ROUJA, CHAPRA, P.S.CHAPRA,
DISTT-SARAN (CHAPRA)
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FOR THE PETITIONERS: MR. SHYMA PRASAD MUKHARJI,
SR.ADVOCATE
MR. SHANTI PRATAP ADVOCATE.
FOR THE STATE: A.A.G.II
2. 26.04.2011 Heard learned Senior Counsel for the petitioners
and learned counsel for the State.
This application is disposed of with liberty to the
petitioners to approach the Chairman of Bihar School
Examination Board.
The successor-in-interest of the erstwhile
2
Intermediate Council to take cognizance of the grievance of
the petitioners, issue notice to the institution namely the
Governing Body of Jaglal Rai College, Chapra and after
hearing them and verifying the records to give his own
opinion on the claim of these two petitioners.
If petitioners make out a case of their appointment
by the managing Committee at the relevant time then the
benefit shall accrue in their favour or if an order contrary to
their interest is passed then the petitioners have liberty to
approach the court for suitable adjudication.
If the petitioners move the Chairman of the
Examination Board effort shall be made to decide the matter
within a reasonable time frame as it is stated that efforts are
on to release money in the hands of people who are otherwise
not eligible or entitled.
Nitesh (Ajay Kumar Tripati, J.)