IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12201 of 2010 ====================================================== 1. Baba Gani Nath Mahavidyalay Dehri-On-Sone At Katar (C.B. Ganj), P.O.- Shankarpuri, P.S.- Indrapuri, Distt.- Rohtas Through Professor-In- Charge, Ramjee Pd. Gupta 2. Ramjee Prasad Gupta S/O Late Banshi Ram At Present Principal/Professor In Charge Of Baba Gani Nath Mahavidyalya, Dehri-On- Sone At Katar(C.B. Ganj), P.O.- Shankarpuri, P.S.- Indrapuri, Distt.- Rohtas (Sasaram), Ex-Officio Member Of The Managing Committee/Governing Body Of Baba Gani Nath Mahavidyalya, Dehri On Sone At Katar (C.B. Ganj), P.O.- Shankarpuri, P.S.- Indrapuri, Distt.- Rohtas 3. Arjun Chaudhary S/O Late Chandra Shekhar Chaudhary At Present President Of The Managing Committee Of Baba Gani Nath Mahavidyalya, Dehri On Sone At Katar (C.B. Ganj), P.O.- Shankarpuri, P.S. Indrapuri, Distt.- Rohtas 4. Smt. Pushpa Devi W/O Sri Baliram Singh At Present Secretary Of The Managing Committee Of Baba Gani Nath Mahavidyalay, Dehri On Sone At Katar, P.O.- Shankapur, P.S.- Indrapuri, Distt.- Rohtas 5. Keshar Prasad Gupta S/O Late Lakhan Sah At Present Member Of Managing Committee/Governing Body, Dehri-On-Sone At Katar (C.B. Ganj), P.O.- Shankarpur, P.S. Indrapuri, Distt.- Rohtas (Sasaram) .... .... Petitioner/s Versus 1. The State Of Bihar Through The Secretary Human Resources Development Department, Govt. Of Bihar, Patna 2. The Principal Secretary Human Resources And Development, Govt. Of Bihar, Patna 3. The Secretary, Education Department, Govt. Of Bihar, Patna 4. The Director Of Education (Secondary) Govt. Of Bihar, Patna 5. The Bihar School Examination Board (Senior Secondary) Through Its Chairman, Budh Marg, Bihar, Patna 6. The Chairman, Bihar School Examination Board (Senior Secondary), Budh Marg, Bihar, Patna 7. The Secretary, Bihar School Examination Board (Senior Secondary) Budh Marg, Bihar, Patna 8. Rameshwar Prasad S/O Late Sarju Sah At Present Professor In Charge Of Baba Gani Nath Mahavidyalaya, Dehri-On-Sone, At Jamuhar, P.O. Jamuhar, P.S.- Dehri On Sone, Distt.- Rohtas (Sasaram) .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Mohan Kumar Singh For the Respondent/s : Mr. (Ga10) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) Patna High Court CWJC No.12201 of 2010 (2) dt.25-11-2011 2 2 25-11-2011 Heard learned counsel for the petitioner and the Bihar School Examination Board. The relief sought is for a direction to the respondent Board to accept the fees and forms of the students of the petitioner college and for correction of the name of the institution as an affiliated college. Learned counsel for the petitioner submits that in pursuance of the order of this Court in C.W.J.C. No.10394/01, as affirmed in L.P.A. No.495/08, the petitioner has represented before the State Government, but no final orders are being passed. The order in C.W.J.C. No.10394/01 on a detailed consideration adequately notices the rival competing claims of the petitioner and the respondent No.8 also a respondent in that writ application with regard to the institution in question and the spate of litigations between them. After due consideration of the competing claims to be the correct Managing Committee by the rival factions, the Court expressed its anguish that keeping in mind the educational aspect it would have expected the rival competing factions to decide their dispute amicably so that the purpose of imparting education is not jeopardized. In absence of an amicable settlement, the parties may approach the competent Patna High Court CWJC No.12201 of 2010 (2) dt.25-11-2011 3 civil court or the State Government. The order also notices an objection that the suit may be time-bared. Prima facie, the Court lacks jurisdiction in the matter to entertain the same claims all over again. If the petitioners have represented before the State Government and contend that it was not being decided, if there was an order of a court, the respondents are required to decide the matter. Let it be so done within a maximum period of three months from the date of receipt/presentation of a copy of this order. It is made clear that nothing in this order shall be deemed, construed or opined as any confirmation by the Court of the claims and assertions of the petitioner. The Court has not gone into the merits and cannot go into the merits in view of the earlier order affirmed by the Division Bench. The merits of the matter is left open entirely for the State Authorities to decide in accordance with law. It is further manifest from the earlier orders of this Court that several disputed questions of fact appear to be involved. The view taken earlier is reinforced with the observation that the nature of claims noticed in the earlier orders are issues to be proved by evidence, oral and/or documentary, as the case may be. Any order passed by the State Government can therefore be tested and decided in a civil suit only in Patna High Court CWJC No.12201 of 2010 (2) dt.25-11-2011 4 accordance with law. The writ application is disposed. Krishna Chandra Jha/- (Navin Sinha, J)