IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5141 of 2009 ====================================================== Bhupendra Narayan Yadav, Son of late Subodh Lal Mandal, resident of village – Kataiya, P.S. Bihri, District – Saharsa. .... .... Petitioner/s Versus 1. The State of Bihar through its Chief Secretary, Old Secretariat, Bihar, Patna. 2. Director of Education, Bihar School Examination Samittee (Higher Secondary), Old Secretariat. 3. The Chairman, Bihar Higher Secondary Examination Board, Patna, Bihar. 4. Secretary, Bihar Higher Secondary Examination Board, Patna. 5. Dinesh Chandra Yadav, Son of not known, Sachiv Legal Committee R/O Banma, P.S. Banma, District – Saharsa. 6. Jiya Lal Yadav, Son of Bhuneshwar Prasad Yadav, resident of Village – Bhaura, P.S. Bakhtiarpur, District – Saharsa. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shiva Shankar Sharma Mr. Arun Kumar Sinha For the Respondent/s : Mr. (Gp10) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 04/ 26-09-2011 Heard counsel for the petitioner, the State and the Bihar School Examination Board (Higher Secondary). The issue involved in this writ application is the discharge of duty by the petitioner as Incharge Principal of Dinesh Chandra Inter College, Simri Bakhtiarpur. The petitioner’s claim to be appointed as Lecturer in the Department of Maithili in Dinesh Chandra Inter College, Simri Bakhtiarpur in the year, 1981. His claim is that since 2005 he started discharing the duty of Patna High Court CWJC No.5141 of 2009 (4) dt.26-09-2011 2 / 3 2 Incharge Principal of the College. Subsequently, the Secretary of Ad hoc Committee of the Inter College, handed over the charge of Incharge Principal to Shyam Sundar Yadav, a teacher much junior to the petitioner, thereafter in the year 2008 Jiya Lal Yadav (Respondent No. 6) was made Incharge Principal, who was also junior to the petitioner. Counsel for the petitioner submits that Bihar Intermediate Education Council, the year 1992-93 received several complaints regarding the removal of the old staff of affiliated Colleges and appointment of new Staffs in these Colleges, since the State Govt. was going to release financial grant to such Colleges. The Intermediate Education Council, issued direction vide Communique No. 43/92 and 10/93 to such affiliated Colleges, not to more or appoint any new person in the Colleges in question, despite this direction, petitioner was removed, from the post of Incharge Principal of the Intermediate College. I find that the question relating to seniority amongst the teachers of the concerned college can be decided only the Ad hoc Committee of the college, as for deciding this issue several documents has to be considered and if necessary some evidence is also required to be taken into consideration. This cannot be done sitting in the writ jurisdiction. Since, the issue relates to Patna High Court CWJC No.5141 of 2009 (4) dt.26-09-2011 3 / 3 3 the factual aspects, it is proper that it should be decided by the Ad hoc Committee. Accordingly, this application is being disposed of, directing the Ad hoc Committee of the concerned Inter College to give opportunity to all concerned, and looking into the connected records/documents, whosoever is found to be senior most and eligible for discharging the duties of Incharge Principal, should be allowed to discharge the duties of Incharge Principal. The Ad hoc Committee will decide the issue within twelve weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J)