IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19933 of 2011 Shiva Nand Upadhyay & Ors Versus The State Of Bihar & Ors ---------------------------------- For the petitioner:- Mr. Mahesh Narayan Parbat, Advocate For the State:- Mr. Shyameshwar Kumar Singh, A.C. to G.P. 12. For the Board:- Mr. Lalit Kishore, Senior Advocate Mr. Purnendu Singh, Advocate ----------- 2. 19.12.2011 Heard learned counsel for the petitioners and learned counsels for the State and for the Bihar School Examination Board. The petitioners are aggrieved by the resolution dated 25.3.2011 of the Managing Committee of Shankar Dayal Singh College, Jalalpur Bazar, which is an affiliated College and now receives grants from the State Government under its new policy, by which resolution the services of the petitioners have been terminated. Learned counsel for the petitioners submits that the aforesaid action of the Managing Committee is on non est ground of absence of the petitioners and also back dated, as he has brought materials on the record to show that the Principal of the College, who is also a Member of the Managing Committee, has taken work from these 2 petitioners even after the said date in the month of April, 2011 without any referernce to the said resolution being in existence. It is further submitted by learned counsel that all these actions of the Managing Committee are to deprive the petitioners of the grant, that is, coming from the State Government for the payment of their salaries, etc. in order to favour the persons of the Management. Since the writ application raises issues of fact, it may not be possible to resolve the matter in the present proceedings. The writ application is, accordingly, disposed of with a direction to the petitioners to approach the Director, Secondary Education by filing their representations within a period of four weeks from today along with a copy of this order and the Director, Secondary Education, shall consider and dispose of the same after hearing the affected parties in accordance with law within a period of three months thereafter. VPS ( Ramesh Kumar Datta, J.)