ARBIND KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 25th October 2010 passed by the learned single Judge in CWJC No. 8259 of 2003, the petitioner no. 2 has preferred this Appeal under Clause 10 of the Letters Patent.

(2.) The matter at dispute is the appointment of the respondent no. 4 as a Principal of Karpuri Thakur Inter College, Motihari, a non-government college, by its Governing Body. The challenge has been rejected by the learned single Judge on the grounds that the remedy under Article 226 of the Constitution is not available against the Governing Body of a private college; and that the petitioner has an alternative remedy before the Bihar Intermediate Education Council now merged into Bihar School Examination Board.

(3.) Learned Advocate Mr. Anshul appears for the appellant. He has submitted that although the respondent no. 4 has been appointed in a non-government college by its Governing Body, the college that caters to the needs of the people at large is amenable to the writ jurisdiction of the High Court. In support thereof, he has relied upon the judgment of the Hon'ble Supreme Court in the matter of K.Krishnamacharyulu and Others V/s. Venkateswara Hindu College of Engineering and Another, 1998 AIR(SC) 295.