(Jagdish Singh Khehar and S.A. Bobde, JJ.)
Ajay Kumar Singh & Ors. ___________ Appellant(s)
v.
State of Jharkhand & Ors. ____________ Respondent(s)
Civil Appeal Nos. 4993-4994 of 2009, decided on March 18, 2015
With
Civil Appeal Nos. 4995-4996 of 2009
The Order of the court was delivered by
Order
Having perused the impugned orders passed on 05.12.2005 and 27.06.2007, disposing of W.P.(S) No. 3975 of 2004 with W.P.(S) No. 3976 of 2004, as also the Review Petitions bearing Nos. 6 and 13 of 2006 (filed with reference to the above order dated 05.12.2007), we are satisfied that the assertions made at the hands of the learned counsel for the appellants, that the issue raised by the appellants, cannot be adjudicated either by the Deputy Commissioner (in his capacity as Receiver) or by the Committee constituted in furtherance of the order passed by the High Court on 18.10.2005, is wholly misconceived.
We have perused Section 3 of the Bihar Non Government Secondary School (Taking over of Management & Control) Act, 1981 (hereinafter referred to as ‘the 1981 Act’), relied upon by the learned counsel for the appellants. Having perused the same, we are satisfied that the issue of jurisdiction, has not been vested with any express authority, under the provisions of the 1981 Act. Thus viewed, we find no justification whatsoever to interfere with the impugned order passed by the High Court.
We grant liberty to the appellants, to seek redressal of their grievance, in terms of the directions issued by the High Court, within four weeks from today.
The appeals are disposed of in the above terms.
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