IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1659 of 2010 In Civil Writ Jurisdiction Case No. 13959 of 2004 ====================================================== 1. Mahendra Singh S/O Sardar Tirlok Singh Chhabra Acting President, Prabandhak Committee, Takhat Sri Hari Mandirji, Patna-8, P.S.- Chowk, Distt.- Patna, Bihar .... .... Appellant/s Versus 1. The State Of Bihar 2. The Commissioner, Secondary Education Bihar, Vikash Bhawan, Patna- 15 3. The Director, Secondary Education, Bihar Vikash Bhawan, Patna-15 4. Chairman, Vidyalya Sewa Board Through Commissioner Secondary Education, Bihar, Vikash Bhawan, Patna-15 5. Sri Sunil Kumar, Secretary Vidyalaya Sewa Board Through Commissioner, Secondary Education, Bihar, Vikash Bhawan, Patna-15 6. The District Education Officer, Collectorate, Patna-1 7. Sri Raja Singh S/O Late Sohan Singh Harimandirji Gali, Patna City-8, P.S.- Chowk, Distt.- Patna 8. Sardar Kamaljit Singh, So Called Principal Sri Guru Gobind Singh Boys High School, Bare Ki Gali, Patna City-8, P.S.- Chowk, Distt.- Patna 9. Kaushal Kishore S/O Suresh Chandra Singh Mohalla- Lal Imli, Patnacity, P.S.- Chowk, Distt.- Patna 10. Dharampal Prasad, Assistant Teacher Sri Guru Gobind Singh Boys High School, Patnacity, Bare Ki Gali, Patna-8, P.S.- Chowk, Distt.- Patna .... .... Respondent/s ====================================================== 3 22-12-2011 Heard learned counsel for the appellant and learned counsel for the State. By the order under appeal dated 11.8.2010 writ petition bearing CWJC No.13959 of 2004 preferred by the appellant has been dismissed on the preliminary objection of the private respondents that the writ petitioner not being a claimant to the post of teacher occupied by respondent no.9, had no direct interest in Patna High Court LPA No.1659 of 2010 (3) dt.22-12-2011 2 the matter of appointment of teachers in the school in question. Learned counsel for the appellant submits that the appellant was Acting President of Prabandhak Committee, Takhat Sri Hari Mandirji, Patna City as constituted on 15.10.2001 till its subsequent reconstitution and, therefore, he had interest in the affairs of the school being run by the minority Sikh community through the Prabandhak Committee. From the prayer and grounds contained in writ petition it appears that the appellant questioned the legality of order of appointment in respect of respondent no.9 who was appointed as Assistant Teacher in Guru Govind Singh Boys High School, Patna City by order dated 9.9.1996. The appellant also questioned the authority of respondent no.5 in granting approval to such appointment through order dated 22.4.2004. Now, the appellant is not concerned with the management of the school because of reconstitution of the Prabandhak Committee. The appointment of respondent no.9 had taken place in 1996 and at that time no grievance was raised by anyone with respect to legality of his appointment. If the approval was granted by a wrong person in 2004, in our view, the matter need not be reopened at this stage at the instance of the appellant. It will be, however, open to the appellant to bring the relevant facts Patna High Court LPA No.1659 of 2010 (3) dt.22-12-2011 3 to the present Prabandhak Committee or the new Prabandhak Committee which may pursue the matter through appropriate proceeding in accordance with law. The appeal is disposed of. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)