Patna High Court
Manoj Kumar vs The Chancellor Of University Of Bihar on 5 January, 2024
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17945 of 2023
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Manoj Kumar S/o Sh Mahendra Prasad Singh, working Teacher of Navodaya
Vidyalaya, Garhwa Jharkhand, Permanent resident of Mohalla-Biratpur (Dr.
S.D. Singh Path), P.S. (Town) Nagar Thana, District-Aurangabad (Bihar)-
824101.
... ... Petitioner/s
Versus
1. The Chancellor of University of Bihar Raj Bhawan, Patna-800022.
2. The Principal Secretary of Governor Secretariat, Raj Bhawan, Patna.
3. The O.S.D. Raj Bhawan, Secretariat Raj Bhawan, Patna-800022.
4. The State of Bihar through Principal Secretary, Law Department, Govt. of
Bihar, Patna.
5. The Additional Secretary Law Department, Old Secretariat, Govt. of Bihar,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar (In Person )
For the Respondent/s : Mr.P.K.Shahi, Advocate General
Mr. Vikas Kumar, Advocate
Mr. Rajesh Kumar, Advocate
Mr. Vipin Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-01-2024
The petitioner claims to be a Science Teacher in
Jawahar Navodaya Vidyalaya, District Garhwa, State of
Jharkhand. The petitioner has filed the above public interest
litigation seeking a direction to Respondent No. 1 (Chancellor
Patna High Court CWJC No.17945 of 2023 dt.05-01-2024
2/3
of University) to consider his representation on 20.01.2023.
The petitioner also speaks of an R.T.I. application made on
27.01.2023
(Annexure-2) to the Public Information Officer of
the Raj Bhawan, Patna, which is stated to have been disposed
of by Annexure-3. An appeal at Annexure-4 is also stated to
have been filed. The representation filed is Annexure-1 to the
writ petition.
2. The representation at Annexure-1 is an
exemption sought from attending the classes for the LLB
course, since he is employed in the Jawahar Navodaya
Vidyalaya. The representation seems to demand that the
Chancellor pass an order on his request for exemption after
which he will seek admission to a college in any of the
Universities within the State of Bihar for admission to the LLB
course.
3. We can at best say that the representation is
misguided and there can be no consideration of the same. The
further arguments are with respect to an R.T.I. application,
which again cannot be sought to be agitated in a public interest
litigation. We also have to pertinently observe that there is no
public interest either in the exemption sought for or the prayers
made under the R.T.I. Act. The petitioner is purely raising a
Patna High Court CWJC No.17945 of 2023 dt.05-01-2024
personal issue; which also by the way the request is couched, is
misconceived.
4. We restrain ourselves from imposing costs
only because the petitioner himself appeared in person. We
reject the writ petition as misconceived and a clear abuse of the
jurisdiction invoked under Article 226; as a public interest
litigation.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
Sujit/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 09.01.2024
Transmission Date
