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2014 Supreme(Pat) 521

MIHIR KUMAR JHA
Maheshwar Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sarvadeo Singh.
For the Respondents: Mr. S.K. Sharma.

JUDGMENT

Mihir Kumar Jha, J.

1. Heard learned counsel for the parties.

2. The relevant portion of the prayer of the petitioners in this writ application reads as follows:-

“For quashing the resolution of the governing body dated 12.5.2012 taken by the Respondent No. 4 by which a decision has been taken that these petitioners are not working against the sanctioned post therefore they are not entitled for the fund which has been provided by the State Govt. as Govt. aid to the institutions and colleges which are not constituent unit.”

3. Let it be noted that at the outset, learned counsel for the State, Bihar School Examination Board and the Governing Body, have raised a preliminary objection with regard to the maintainability of the writ application and in this regard, they have placed reliance on the judgment of the Division Bench in the case of Santosh Kumar vs. State of Bihar & other, 2013 (1) PLJR 269.

4. Learned counsel for the petitioners, in support of the aforementioned prayer, has submitted that even though such resolution terminating the services of the petitioners has been passed by the Governing Body of the Sadanand Intermediate Mahavidyalaya, Bihar Sharif (hereinafter to






























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