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2026 Supreme(Online)(Pat) 2990

PATNA HIGH COURT
Harish Kumar, J
Akhil Bhartiya Jan Kalyan Parishad – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.11522 of 2024



Advocates:
For the Appellants/Petitioners: Mr. Rakesh Kumar Singh
For the Respondents: Mr. Government Pleader

The jurisdiction of the District Appellate Authority can be challenged, with resolution of managing committee disputes designated to the Director Academy, emphasizing the necessity of fair hearings.

Headnote:In this judgment, the Court analyzed the jurisdiction of the District Appellate Authority as per the pertinent provisions governing educational administration. It was found that the authority to resolve rival claims between managing committees lies with the Director Academy, thereby ensuring fair hearing for all parties involved. Key issues identified included jurisdictional claims and procedural fairness. The Court emphasized the requirement for a reasoned decision-making process following adequate hearings, which is crucial for upholding administrative justice. Thus, the entrepreneurs were directed to submit their claims before the Director Academy for a determinate resolution.

For the Petitioner/s : Mr. Rakesh Kumar Singh, Advocate For the Respondent/s : Mr. Government Pleader 17 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

10 05-02-2026 After having heard the learned Advocate for the respective parties and taking note of the materials available on record this Court finds that there is rival claims between the two Managing Committee and the same could very well be resolved by the Director Academy, Bihar School Examination Board, Senior Secondary, Patna, after giving proper opportunity of hearing to both the stake holders.

2. Since, the petitioners of the present case is aggrieved with the order dated 18.07.2024 passed in Case No. 38 of 2023 by the District Appellate Authority, West Champaran at Bettiah, contained in Memo No. 92 dated 19.07.2024, inter alia, on the ground of District Appellate Authority having no jurisdiction, it is made clear that the order of the District Appellate Authority will not come in the way to determine the claim of the parties.

3. In view of the aforesaid facts and circumstances, it is expected that both the parties shall approach before the respondent no. 6, preferably, within a period of two weeks by filing a separate petition along with all the documents in support of their respective claims.

4. On receipt of the petitions, the respondent no. 6 shall fix a date of hearing and after hearing all the stake holders, shall pass a reasoned and speaking order within a further period of six weeks.

5. The writ petition stands disposed off with the aforesaid direction and observation.

(Harish Kumar, J)

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