IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.987 of 2011
In
Civil Writ Jurisdiction Case No. 4203 of 2007
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Bihar Arajkiya Prathmik Shikkshak Sanghrash Samiti through its Secretary
Ram Sewak Mahto son of late Ram Lakhan Mahto, resident of East
Bariyarpur, P.O. Tara Bariyarpur, P.S. Khodawantpur, Dist. Begusarai, at
present residing at Purani post Office Lane, Punaichak, Patna.
.... .... Appellant/s
Versus
1. The State Of Bihar
2. The Commissioner cum Secretary, Human Resources Development
Department, Govt. of Bihar, New Secretariate, Patna.
3. The Director Primary Education Human Resources Development
Department, Govt. of Bihar, New Secretariate, Patna.
4. The Deputy Director Primary Education, Human Resources
Development Department, Govt. of Bihar, New Secretariate, Patna.
5. The Chairman Secretary Common School System Commission 37,
B.C.I.D.C. Colony Rameshwar Dayal Patha Opp. A.N.College, Patna-
13.
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Nagendra Kumar Singh
For the Respondent/s : Mr. Gautam Bose , AAG 8 with Mr. Sanat
Kumar Mishra, A.C. to AAG 8.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 14-07-2011 This Appeal under Clause 10 of the Letters Patent arises
from the common judgment and order dated 21st June 2011 passed
Patna High Court LPA No.987 of 2011 (3) dt.14-07-2011
2
by the learned single Judge in so far as the above C.W.J.C. No.
4203 of 2007 is dismissed.
The appellant- writ petitioner is Bihar Arajkiya Prathmik
Shikkshak Sangharsh Samiti. The said Samiti filed the above writ
petition for a direction to the State Government to take over
management and control of 390 Primary Schools mentioned in
Annexure-5 to the writ petition.
The State Government had as early as in the year 1993 in its
cabinet decision, decided not to take over the management and
control of the said 390 schools. A petition in the said subject
matter being C.W.J.C. No. 11774 of 2004 was not entertained by
this Court. Instead the petitioner was given liberty to represent its
case before the concerned authority.
The learned single Judge has dismissed the writ petition.
The learned single Judge has made note of the cabinet decision
dated 23rd August 1993 and the Government Notification dated
23rd August 1993 not to take over the control and management of
the said 390 schools. The said decision was also notified under
Notification dated 23rd August 1993. The learned single Judge was
of the opinion that the High Court in exercise of power of judicial
review under Article 226 of the Constitution cannot issue writ of
mandamus against the State Government to take over the
Patna High Court LPA No.987 of 2011 (3) dt.14-07-2011
3
management and control of recognized, non-government schools.
Therefore, the present appeal.
We agree with the learned single Judge. Besides, we have
our own doubt whether the appellant had locus standi to file the
writ petition in the present nature. It has not come on record that
the appellant has legal existence. Nor do we know whether its
Secretary Ram Sewak Mahto had been authorized to file a petition
in the present nature. In absence of relevant averments made in the
writ petition, such a petition in a representative capacity could not
have been entertained.
For the aforesaid reason, the appeal is dismissed in limine.
(R.M. Doshit, CJ)
Basudeo Tiwary/- (Birendra Prasad Verma, J)
