Vidya Bharti Chinmaya Vidyalaya And ... vs Subra Palit
2026 Latest Caselaw 372 Jhar

Citation : 2026 Latest Caselaw 372 Jhar
Judgement Date : 22 January, 2026

[Cites 2, Cited by 0]

Jharkhand High Court

Vidya Bharti Chinmaya Vidyalaya And ... vs Subra Palit on 22 January, 2026

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
            A.C.(D.B.) No.2 of 2018
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Vidya Bharti Chinmaya Vidyalaya and another .... .... Appellants Versus Subra Palit ..... .... Respondent With A.C.(D.B.) No.1 of 2018

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Manoranjan Prasad Sinha .... .... Appellant Versus Managing Committee of Vivekanand Vidya Mandir ..... .... Respondent With A.C.(D.B.) No.1 of 2019

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Upendra Kumar Pandey @ Upendra Pandey .... .... Appellant Versus The Management of Vidya Vikash Samiti ..... .... Respondent With

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Krishna Kumar Jha .... .... Appellant Versus St. Xavier's School, Bokaro Steel City ..... .... Respondent

CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI

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For the Appellants : Ms. Mahi, Advocate [In A.C.(DB) No.2/2018] Mr. Kumar Harsh, Advocate Mr. T. Mohanta, Advocate [In A.C.(DB) No.1/2021]

Amicus Curiae : Mr. Shubham Sinha, Advocate [In A.C.(DB) No.1/2019] In-person : Mr. Manoranjan Pd. Sinha [In A.C.(DB) No.1/2018]

For Resp. No.2 : Mr. Srijit Choudhary, Advocate Ms. Tanya Rai, Advocate

Mr. Ayush Ojha, Advocate [In A.C.(DB) No.1/2019]

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26/Dated: 22.01.2026

1. All the cases have been listed together having the common

issues.

2. For adjudicating the issue of maintainability; the question has

been referred for determination, i.e., "as to whether, having regard

to the provisions of Section 100A of the Code of Civil Procedure,

an appeal before a Division Bench of this Court is maintainable

under clause 10 of the Letters Patent against a judgment of a

learned Single Judge of this Court delivered in exercise of

appellate jurisdiction under a statute, which statute does not

provide for further intra-court appeal. The said issue is find

mentioned in the order dated 25.04.2019 passed by the

Coordinate Bench of this Court.

3. Learned Amicus Curiae as also the party-in-person appearing in

A.C.(DB) No.1 of 2019 and A.C.(DB) No.1 of 2018 respectively

have submitted that the issue of maintainability has already been

decided by the Special Bench, vide order dated 21.11.2025

passed in A.C.(DB) No.2 of 2018 and analogous cases holding

therein that the reference so made by the Division Bench is

actually not maintainable, given the fact that the instant appeal

has not been filed under Clause 10 of the Letters Patent, but has

rather been filed under Section 15 of the Jharkhand Education

Tribunal Act, 2005 and, therefore, the question of its

maintainability, in such circumstances, does not arise for

consideration. Accordingly, the matter has been referred back to

the learned Division Bench leaving all questions of law and facts

open, for ready reference, the order dated 21.11.2025 is being

quoted as under: -

"1. Heard.

2. A learned Division Bench of this Court vide its order dated 25.04.2019 had directed the matter to be placed before the Chief Justice in the administrative side for considering constitution of a Full Bench comprising of Five Hon'ble Judges of this Court for determining the following question:

"Whether, having regard to the provisions of Section 100A of the Code of Civil Procedure, an appeal before a Division Bench of this Court is maintainable under clause 10 of the Letters Patent against a judgment of a learned Single Judge of this Court delivered in exercise of appellate jurisdiction under a statute, which statute does not provide for further intra-court appeal?"

3. Having gone through the records of the case, we find that the reference so made by the learned Division Bench is actually not maintainable, given the fact that the instant appeal has not been filed under Clause 10 of the Letters Patent, but has rather been filed under Section 15 of the Jharkhand Education Tribunal Act, 2005 and, therefore, the question of its maintainability, in such circumstances, does not arise for consideration.

4. Accordingly, the matter is referred back to the learned Division Bench leaving all questions of law and facts open."

4. In view of the aforesaid order dated 21.11.2025, all appeals since

are filed under Section 15 of the Jharkhand Education Tribunal

Act, 2005 and as such, all the appeals are maintainable to be

heard by the Division Bench.

5. Mr. Shubham Sinha, learned Amicus appearing in A.C.(DB) No.1

of 2019 has submitted that he has only received the copy of the

memo of appeal and not the entire paper book.

6. Office is directed to look into and supply the entire paper book to

the learned Amicus Curiae.

7. List these cases on 06.02.2026 under the appropriate heading.

(Sujit Narayan Prasad, J.)