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Patna High Court: In a case wherein, a Public Interest Litigation (‘PIL’) was filed by a teacher seeking exemption from LLB classes on the ground of his employment in a school, the Division Bench of K. Vinod Chandran, CJ.*, and Rajiv Roy, J., dismissed the PIL and held it as misconceived and a clear abuse of the jurisdiction invoked under Article 226 of the Constitution, as a PIL.

Petitioner was a science teacher at Jawahar Navodaya Vidyalaya, Garhwa, Jharkhand (‘the School’) And sought for a direction to Respondent 1, Chancellor of University of Bihar Raj Bhawan to consider his representation on 20-01-2023, wherein he sought for an exemption from attending classes for the LLB course, since he was employed in the School. The representation sought for an order for the exemption by Respondent 1, after which he would seek admission to a college in Bihar for LLB course. Petitioner also filed a Right to Information application to the Public Information Officer of Raj Bhawan, Patna which was disposed of.

The Court opined that the representation was misguided and there could be no consideration of the same. The Court observed that there was no public interest either in the exemption sought for or in the prayers made under the Right to Information Act, 2005 as petitioner raised a personal issue. The Court rejected the writ petition and held it as misconceived and a clear abuse of the jurisdiction invoked under Article 226 of the Constitution, as a PIL.

[Manoj Kumar v. University of Bihar Raj Bhawan, Civil Writ Jurisdiction Case No. 17945 of 2023, decided on 05-01-2024]

*Judgement authored by: Chief Justice K. Vinod Chandran


Advocates who appeared in this case :

For the Petitioner: Manoj Kumar (In Person)

For the Respondents: P.K. Shahi, Advocate General; Vikas Kumar, Rajesh Kumar, Vipin Kumar, Advocates

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