IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8298 of 2008 RAHUL AMIN KHAN @ ROOHUL AMIN s/o Md Harun Khan resident of village Sansaraiya P.S. Muffassil Dist West Champaran Versus THE STATE OF BIHAR & ORS 4 20.10.2008 Heard learned counsel for the petitioner, State and respondents no.4 and 8. Initially this Court was of the view that the Executive Officer such as District Magistrate or Incharge District Magistrate had no power or business to issue an order of the nature contained in annexure 14 which is under challenge but on proper appreciation of facts, it appears that before facilitating handing over the charge of the Principal of college to respondent no.8 by virtue of impugned order dated 24.4.2008, by a similar illegal order as is evident from annexure 13 dated 22.4.2008, the petitioner was allowed to assume charge of Incharge Principal of the college. Clearly the impugned order contained in annexure 14 rectifies the mischief committed by the illegal order contained in annexure 13 which was also issued under the authority of the District Magistrate, Bettiah. In the facts of this case, this Court finds no good reason to interfere in the matter in exercise of writ jurisdiction. Interference with the impugned order contained in annexure 14 on the ground of its being illegal would, in the fact of this case, amount to perpetuating illegality on account of annexure 13, another illegal act. Since illegality has already been rectified by the concerned authority, there is no need to exercise writ jurisdiction in the matter. The writ petition is, therefore, dismissed. - 2 - It is made clear that this Court has not gone into the merit of the claim of the writ petitioner or respondent no.8 or in the issue as to which is proper Trust to run the college in question and who is valid Principal in-charge of the college. Those issues may be decided by the appropriate authority in an appropriate proceeding in accordance with law. shahid (Shiva Kirti Singh, J)