Kumari Sangita Vidyarthi vs The State of Bihar and Others

Ajay Kr. Tripathi, J.—Maintainability of the writ application for a mandamus upon the private Managing. Committee is the issue which emerges as a preliminary consideration in the present writ application. The funds released by the Government for payment to the teachers and non-teaching employees are not being fairly distributed according to the petitioner by the Managing Committee which includes the Principal and others. The College in question is an affiliated College and not a constituent College. To that extent there is some limitation upon this Court in entertaining the writ application keeping in view the wisdom expressed on such issue as far back as in 1977 in the case of Smt. Radha Kumari Singh Vs. The Governing Body of Mahanth Mahadevanand Mahila Mahavidyalaya and Others, . In reply thereto learned counsel for the petitioner relies on the decision of the Hon''ble Apex Court rendered in the case of Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust and Others Vs. V.R. Rudani and Others, . The observation made therein by the Apex Court, according to the petitioner, makes the present writ application maintainable.

The observation of the Apex Court has to be seen in context in which it was rendered. The basic fact still stands. If the petitioner wants a mandamus it will have the effect for regulating or directing the private managing committee, which has its own rules and regulations to govern its function and there has to be some restraint upon the Court to delve into the affairs of every institution including the present one of the kind.

This Court still feels that the law as laid down by the Division Bench in the year 1977 still a good law and to that extent the decision of the Supreme Court cannot bail out the petitioner regarding maintainability of such writ. Writ application, therefore, is dismissed on the preliminary ground itself.