SADHANASRAM SEVA SAMSAD v. THE STATE OF WEST BENGAL AND ORS.
WPA/1544/2025 · 2025-02-17
Saugata Bhattacharyya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4218 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4218 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
5 1177..0022..22002255 Ct. No. 18
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W.P.A. 1544 of 2025
Sadhanasram Seva Samsad Vs. State of Bihar & Ors. Mr. S.N. Ghosh Mr. Souvik Ghosh
…for the petitioner
Mr. Pradyumna Sinha, Ld. Sr. Adv. Mr. Sannidhya Datta
…for the respondent nos. 4 to 6. Matter is heard in presence of the learned advocates representing the petitioner and respondent nos. 4 to 6. At the threshold Mr. Pradyumna Sinha, learned senior advocate representing respondent nos. 4 to 6 has taken the point of jurisdiction while entertaining the present writ petition. It is submitted that respondent no. 4 is the Secretary of Ram Mohan Roy Seminary School which situates at Patna, State of Bihar. It is submitted that since appointment of the Principal of the said school is under challenge the High Court at Calcutta may not have territorial jurisdiction to decide the lis. It is also submitted that authorities of State of Bihar have been made respondents in this writ petition. 2 Learned advocate representing the petitioner draws attention of this Court to order dated 9th December, 2004 passed by the Hon’ble Division Bench of Patna High Court wherein leave was granted to the members of one Sadhanashram Seva Samsad to approach the City Civil Court at Calcutta in connection with pending suit. Therefore, according to the learned advocate representing the petitioner who is claiming to be the Secretary of Sadhanashram Seva Samsad the writ petition is maintainable before this Court. Having considered the respective submissions made on behalf of the parties and on perusal of the order dated 9th December, 2004 passed by the Hon’ble Division Bench of Patna High Court it appears that the leave was granted to the members of Sadhanashram Seva Samsad to approach the City Civil Court at Calcutta in connection with pending suit pertaining to inter se dispute between two warring groups of the said Seva Samsad. Therefore, the leave which has been granted by the Hon’ble Division Bench of Patna High Court should be construed in the context of pending suit before the City Civil Court at Calcutta pertaining to feud amongst members of said Seva Samsad. 3 In the present case appointment of respondent no. 6 as Principal of the aforesaid school is under challenge which needs to be considered on the anvil of relevant rules which are prevalent in State of Bihar.
This Court does not have territorial jurisdiction to take up matter relating to appointment of Principal in a school which situates at Patna, Bihar. Hence, the writ petition stands dismissed due to want of jurisdiction. However, this order shall not preclude the petitioner to approach the High Court at Patna with identical prayer or the City Civil Court at Calcutta if the suit is pending, in accordance with law. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)