IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.495 of 2008 RAMJEE PRASAD GUPTA & ORS Versus BIHAR INTERMEDIATE EDUCATION COUNCIL, PATNA & OTHERS ----------- For the appellants : Mr.Chandra Shekhar Prasad, Senior Advocate Mr. Brij Mohan Kumar Singh, Advocate For the respondents : Mr. Satyabir Bharti, Junior Counsel to Additional Advocate General-III ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 02nd September, 2008 This appears to be third inning of the litigation raising the issue, as to who, of the two committees, is real managing committee entitled to administer the college, namely Baba Ganinath Mahavidyalaya at Dehri-On-Sone. 2. The counsel for the appellants vehemently submitted that by virtue of Sections 10B and 10C of Bihar School Examination Board (Amendment) Act, 2007, the controversy can be resolved by Bihar School Examination Board, and the single judge was not justified in observing that the aggrieved party may either approach the state government or the civil court for resolution of dispute. 3. At one stage, rather, he submitted that the counsel for the - 2 - Bihar School Examination Board misled the single judge that Bihar School Examination Board was only an examining body and had no other authority. 4. We carefully considered Sections 10B and 10C of the Bihar School Examination Board (Amendment) Act, 2007, upon which strong reliance was placed by the counsel for the appellants. We are of the view that the said provisions do not clothe the Bihar School Examination Board the power to adjudicate the dispute, which was the subject matter of controversy before the single judge. The provisions contained in Sections 10B and 10C of the Bihar School Examination Board (Amendment )Act, 2007 relate to affiliation, which is not an issue at all. 5. The matter belongs to administration of college, namely Baba Ganinath College. The dispute is between the two rival managing committees, as both of them claim to be entitled to manage the said college. 6. We are afraid, the question regarding administration of college is not open for resolution by Bihar School Examination Board. The comments of the counsel for the appellants that the counsel for the Bihar School Examination Board misled the single judge are not only improper, but highly uncharitable. 7. Be that as it may, the view of the single judge that for the resolution of the dispute, the controversy has to be resolved either - 3 - before the state government or the civil court does not call for any interference in appeal. 8. L. P.A. is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil