IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10846 of 2008 BRAJ KISHORE, S/O LATE RAM DAYAL RAI, R/O VILLAGE-UKANI, P.O.-CHAMANPUR, P.S.-SHEOHAR, DISTRICT-SHEOHAR, AT PRESENT RESIDENT OF MOHALLA-LAXAMANA NAGAR, RING BANDH, WARD NO.17, P.S.+DISTRICT-SITAMARHI. ………………SITAMARHI. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESORUCES DEVELOPMENT DEPARTMENT (HIGHER EDUCATION), GOVT. OF BIHAR, NEW SECRETARIATE, PATNA. 2. THE BIHAR INTERMEDIATE EDUCATION COUNCIL THROUGH ITS SECRETARY, BUDH MARG, PATNA. 3. THE CHAIRMAN, BIHAR INTERMEDIATE EDUCATION COUNCIL, BUDH MARG, PATNA. 4. THE FINANCE OFFICER, BIHAR INTERMEDIATE EDUCATION COUNCIL, BUDH MARG, PATNA. 5. THE SUB-DIVISIONAL OFFICER-CUM-CONVENOR, ADHOC COMMITTEE, RAM AVATAR RAJ KISHORE MADHURI YADAV COLLEGE, SITAMARHI. 6. THE SUB-DIVISIONAL OFFICER, SITAMARHI (SADAR), SITAMARHI. 7. THE PRINCIPAL, RAM AVATAR RAJ KISHORE MADHURI YADAV COLLEGE, SITAMARHI. 8. THE MANAGING COMMITTEE OF RAM AVATAR RAJ KISHORE MADHURI YADAV COLLEGE, SITAMARHI THROUGH ITS CHAIRMAN, MADHURI NIKETAN, MOHALLA-BHAWADEOPUR, P.S. AND DISTRICT- SITAMARHI, PIN-843302. ………….RESPONDENTS. ----------- For the Petitioner : Mr.Bipin Kumar, Adv. and Mr. Arun Kumar, Adv. For the State : Mr.T.U.Khan, AC to GA-IV. -------------- 3 25.07.2011 From Annexure-1 it appears that, pursuant to a resolution of the Managing Committee of the College dated 12.02.1993, services of the petitioners were dispensed with by order of the Principal dated 17.02.1993. 2 Learned counsel for the petitioner refers to a proceeding of a meeting under the Chairmanship of Sub-Divisional Officer held on 05.04.1993 (Annexure-5) from which it appears that the Chairman of the College was directed to allow all the concerned teachers of the College to work till further orders, whose services were terminated earlier. The statement of the Chairman has been recorded in the proceeding that he agreed that all the teachers can attend the College and performed their duties. Petitioner has annexed some more documents and correspondences of the period 1993 to 1995. However, there is a gap of almost 6 years in the chronology of events and the next document relied upon by the petitioner is an order of the Bihar Intermediate Education Council addressed to the Secretary of the College dated 18.09.2001 wherein orders were issued to the College to restore the services of the teachers and non-teaching employees terminated earlier, with a view to resolve the dispute in respect of the College, till regular appointments of teachers and non-teaching employees are made 3 in the College. The letter shows that the Council has made it clear that, if the orders are not complied with the recognition of the College shall be cancelled for which the Chairman of the College shall be responsible. The list of 14 teachers and non-teaching employees contained in the letter also includes the name of the petitioner. Subsequent developments in the matter are not on record. It is not clear whether that order of the Council was complied with by the College or not, fully or partially, and with what consequences. The representations of the petitioner are of 2007 and 2008, which are Annexure-11 series and shows that the petitioner represented the Coordinator of the inspecting team of the College and the S.D.O. If the Intermediate Council had passed orders for restoration of the services of terminated teachers and non- teaching employees with a consequence of cancellation of recognition of the College in the event of non-compliance, it was the Intermediate Council which was to take action in the matter. The College being a recognized College and being managed by a Managing 4 Committee, this Court cannot issue a mandamus to the Managing Committee directly. It is the Intermediate Council which is answerable to this Court and responsible for implementation of its orders. In the circumstances, this Court considers it appropriate that the Bihar School Examination Board (Senior Division), which has stepped into the shoes of Bihar Intermediate Education Council, should take action in the matter and see to it that the earlier orders of the Council in respect of the College are implemented. The writ application is, therefore, disposed of with a direction to the Bihar School Examination Board (Senior Division) to look into the matter and take appropriate steps in accordance with law. Arvind/ ( J.N. Singh, J.)