Justice Alok Kumar Sinha dismisses the writ application as not maintainable

In Ramvichar Singh vs. The State of Bihar & Ors. (2025), Justice Alok Kumar Sinha of Patna High Court dismissed the writ application as not maintainable in his 4-page long judgement dated October 30, 2025.

This application was part of the second round of litigation on behalf of the petitioner. Earlier, the petitioner had approached the High Court vide CWJC No. 20495 of 2012. On April 10, 2012, the writ application was dismissed on the ground that the writ application relating to the affair of a private managing committee of an affiliated college was not maintainable in view of the ratio of the Division Bench decision of this Court in Smt. Radha Kumari Singh vs. The Governing Body of Mahanth Mahadevanand Mahila Mahavidyalaya, reported in 1977 PLJR.

While dismissing the writ application, the Single Judge had made it clear that if the petitioner so chooses, he can file a civil suit before a court of competent jurisdiction or before designated authority after it comes into place. 

As against this decision of the High Court in CWJC No. 20495 of 2011, the petitioner had filed Letters Patent Appeal, bearing LPA No. 968 of 2012, which was heard and decided on July 18, 2014 , wherein the Division Bench of the High Court, while agreeing to the view expressed by the writ Court, directed the petitioner to either approach the civil court of competent jurisdiction or the Bihar School Examination Board (Higher Secondary), if the Board had framed Guidelines or Rules/Regulations governing removal of Class-IV employees by the managing committee of an affiliated college. Therefore, the liberty granted to the petitioner by the Division Bench of the High Court was to approach Bihar School Examination Board only if the Board has framed the Guidelines. 

The counter affidavit filed by the Bihar School Examination Board clearly stated that no Guidelines or Rules have been framed by the Bihar School Examination Board for governing the service conditions of the employee of private affiliated colleges. Paragraph 11 of the counter affidavit filed by the Bihar School Examination Board reads: “11. That with regard to above, it is pertinent to submit here that in the year 2012, no guidelines, rules & regulations governing the service conditions of the employees of private affiliated Colleges had been framed at the Board, however later in the year 2019, necessary guideline in connection with service conditions of employees of private affiliated Secondary School/ High Secondary School(+2 College) has been framed and under clause 3(1), 3(7), 27 and 31 of chapter 3 and clause 36(II) of chapter 4 of the said guidelines, it is the managing committee/governing body/ad-hoc managing committee, which is competent to take final decision in matters of teaching as well as its non-teaching employees. Thus now the Governing Body/Managing Committee of the College in question is the competent to look into this matter.”

Justice Sinha observed: ''....the writ application filed by the petitioner seeking the nature of relief is clearly not maintainable in law. 6. The judgment delivered by the Division Bench of this Court in the Case of Smt. Radha Kumar Singh (supra) still governs the field on the issue that the affairs of a private managing committee of an affiliated college cannot be challenged or agitated in writ jurisdiction. Also it is to be noted that although liberty was granted by the Division Bench on 18.07.2014 to either approach the civil court or file representation before Bihar School Examination Board, the petitioner did not approach civil court and even the representation was filed much belatedly on 13.06.2017 before the Bihar School Examination Board, for which no explanation for delay has been given.''