Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Pat) 3035

PATNA HIGH COURT
HARISH KUMAR, J
Kamleshwar Pandey, Subh Narayan Prasad Jaiswal, Diwakar Bhushan Shrivastava, Anupama Rajbansh, Sanjay Kumar, Prabhat Kumar Singh, Alok Kumar – Appellant
Versus
The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna – Respondent
Civil Writ Jurisdiction Case No.5403 of 2020

Advocates:
For the Appellants/Petitioners: Mr. Ravi Shankar Ganguli, Adv.
For the Respondents: Mrs. Shilpa Singh, GA-12

Court affirmed that disputes regarding grant disbursement should follow administrative procedures rather than judicial mandates against college committees.

Headnote:This judgment pertains to the disbursement of grants to teachers and non-teaching employees of Rameshwar Prasad Bhagyawati Devi Intermediate College, with petitions indicating lack of full payment despite orders to disburse. The court addresses the maintainability of the writ and extends the liberty to approach the relevant authorities for resolution. The writ petition stands disposed of with observations to allow due processes for addressing disbursement issues.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

11 12-02-2026 Heard learned Advocate for the parties.

2. The matter relates to disbursement of the grant to the teacher and non-teaching employees of the college in question, namely, Rameshwar Prasad Bhagyawati Devi Intermediate college at Pipra, East Champaran.

3. Learned Advocate for the petitioner contended that despite the order having been passed by the District Education Officer, on being referred by the State Appellate Authority, the Managing Committee of the college in question has not disbursed the entire due amount for the academic year 2011-13 and onwards, causing serious prejudice to the petitioners.

4. A counter affidavit has been filed on behalf of respondent no. 7 and apprised this Court that the petitioners have already been paid their salary/honorarium for the session 2011-13 from the internal resources of the college vide letter no.

385/ 2023 dated 17.11.2023.

5. Learned Advocate for the respondent no. 6 and 7 however, further contended that in any view of the matter the present writ petition is not maintainable inasmuch as no writ of mandamus can be issued against the Managing Committee of the college.

6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the fact that at some point of time the dispute with regard to disbursement of the due salary/honorarium of the petitioner was taken care of by the District Education Officer, East Champaran, Motihari on being referred by the Bihar State Teaching Institution Teachers and Employees Authorities, this Court thinks it appropriate to extend the liberty to the petitioners to approach either before the Bihar State Teaching Institution Teachers & Employees Authority or the concerned District Education Officer, who shall look into the matter and take appropriate decision after giving opportunity of hearing to all the stakeholders.

7. The writ petition stands disposed off, with the aforesaid observation.

(Harish Kumar, J)

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