IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No. 13642 of 2010 ========================================== 1. Dr.Pramod Kumar Singh s/o late Rajeshwari Pd. Singh, Secretary of Rohtas Zila Abhibhawak Sangh (Regd.), Sasaram (Rohtas) and r/o Mohalla- Gaurakhni, P.O. & P.S. – Sasaram, Rohtas 2. Alok Chamaria, s/o late Ram Gopal Chamaria, r/o Hare Krishna Colony, P.O. & P.S. Sasaram, Rohtas ……….. Petitioners Versus 1. The State Of Bihar, through Collector, Rohtas 2. Central Board of Secondary Education, through its Chairman 3. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 4. Bal Vikas Vidyalaya, Sasaram through its Managing Director 5. D.A.V. Public School, Sasaram through its Regional Director ………….….Respondents =================================================== APPEARANCE For the Petitioners : Mr. Sunil Kumar Singh, Advocate For the State : Mr. Manu Shankar Mishra, GPX =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 2 20/8/2010 This application under Article 226 of the Constitution of India has been filed in the nature of a public interest litigation raising the grievance of non- fulfillment of the Bye-Laws framed by the Central Board of Secondary Education, for Affiliation, more particularly Clause 20 thereof, requiring the constitution of School Management Committee by some institutions. The petitioner no.1 claims to be a public spirited person and the Secretary of Rohtas Zila Abhibhawak Sangh, Sasaram and the petitioner no.2, a 2 representative guardian. Learned counsel for the petitioner with reference to an order of this court passed in CWJC. No.12535 of 2003 dated 24th October 2005 placed at Annexure – 1 of the application, submits that the respondent Central Board of Secondary Education is obliged to examine the matter as regarding the adherence of the Bye-Laws by the Institutions. It is manifest from a perusal of a letter dated 31st July 2009 of the Deputy Secretary (Vigilance), Central Board of Secondary Education, placed at Annexure -3 of the application, that an identical grievance was raised by one ex-teacher Shri Arvind Kumar Tiwary before the respondent Board and by the letter under reference, the school in question was directed to remove the deficiencies, as pointed out by the complainant, by the Deputy Secretary (Vigilance) of the Board. That being the position, nothing further survives in this application and the same is dismissed. Neyaz/ ( R. M. Doshit, CJ.) (Jyoti Saran, J.)