LAWS(PAT)-2018-4-270

ARYA SAMAJ MACCHARHATTA TRUST Vs. STATE OF BIHAR

Decided On April 25, 2018
Arya Samaj Maccharhatta Trust Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Challenge in the present Letters Patent Appeal is to the judgment dtd. 10/11/2016 passed in Civil Writ Jurisdiction Case No.1207 of 2016 by which the learned writ Court has been pleased to dismiss the writ application taking note of the nature of the contest between the parties however giving liberty to them to contest the matter in any other forum including the Civil Court.

(2.) It appears on perusal of the writ application that the petitioner moved the learned writ Court for the following reliefs:-

(3.) The statements made in the writ application would show that the petitioner is challenging the appointment of private respondent no.4 on the ground that he had been terminated by the managing committee of the school vide resolution dtd. 25/12/2012, the said resolution was never challenged by the private respondent but he anyhow managed the Secretary of the Bihar School Examination Board and got Letter No.1668 dtd. 02/11/2015 by which the Bihar School Examination Board cancelled the Letter No.1612 dtd. 25/8/2015 whereunder a duly constituted Managing Committee was approved by the Bihar School Examination Board in accordance with law. It is contended that by the second part of the impugned order dtd. 02/11/2015 the terminated Principal, Sri. Panchanand Sharma has been reinstated on the pretext that he was wrongly terminated by the managing committee.