IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.987 of 2011 In Civil Writ Jurisdiction Case No. 4203 of 2007 ====================================================== Bihar Arajkiya Prathmik Shikkshak Sanghrash Samiti through its Secretary Ram Sewak Mahto son of late Ram Lakhan Mahto, resident of East Bariyarpur, P.O. Tara Bariyarpur, P.S. Khodawantpur, Dist. Begusarai, at present residing at Purani post Office Lane, Punaichak, Patna. .... .... Appellant/s Versus 1. The State Of Bihar 2. The Commissioner cum Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariate, Patna. 3. The Director Primary Education Human Resources Development Department, Govt. of Bihar, New Secretariate, Patna. 4. The Deputy Director Primary Education, Human Resources Development Department, Govt. of Bihar, New Secretariate, Patna. 5. The Chairman Secretary Common School System Commission 37, B.C.I.D.C. Colony Rameshwar Dayal Patha Opp. A.N.College, Patna- 13. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Nagendra Kumar Singh For the Respondent/s : Mr. Gautam Bose , AAG 8 with Mr. Sanat Kumar Mishra, A.C. to AAG 8. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 14-07-2011 This Appeal under Clause 10 of the Letters Patent arises from the common judgment and order dated 21st June 2011 passed Patna High Court LPA No.987 of 2011 (3) dt.14-07-2011 2 by the learned single Judge in so far as the above C.W.J.C. No. 4203 of 2007 is dismissed. The appellant- writ petitioner is Bihar Arajkiya Prathmik Shikkshak Sangharsh Samiti. The said Samiti filed the above writ petition for a direction to the State Government to take over management and control of 390 Primary Schools mentioned in Annexure-5 to the writ petition. The State Government had as early as in the year 1993 in its cabinet decision, decided not to take over the management and control of the said 390 schools. A petition in the said subject matter being C.W.J.C. No. 11774 of 2004 was not entertained by this Court. Instead the petitioner was given liberty to represent its case before the concerned authority. The learned single Judge has dismissed the writ petition. The learned single Judge has made note of the cabinet decision dated 23rd August 1993 and the Government Notification dated 23rd August 1993 not to take over the control and management of the said 390 schools. The said decision was also notified under Notification dated 23rd August 1993. The learned single Judge was of the opinion that the High Court in exercise of power of judicial review under Article 226 of the Constitution cannot issue writ of mandamus against the State Government to take over the Patna High Court LPA No.987 of 2011 (3) dt.14-07-2011 3 management and control of recognized, non-government schools. Therefore, the present appeal. We agree with the learned single Judge. Besides, we have our own doubt whether the appellant had locus standi to file the writ petition in the present nature. It has not come on record that the appellant has legal existence. Nor do we know whether its Secretary Ram Sewak Mahto had been authorized to file a petition in the present nature. In absence of relevant averments made in the writ petition, such a petition in a representative capacity could not have been entertained. For the aforesaid reason, the appeal is dismissed in limine. Basudeo Tiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)