- (1.) THIS appeal has been preferred against a portion of the order dated 08.07.2008 passed in W.P.(S)No.2324 of 2007 by which the writ petition was allowed and it was held that the College namely Sidhu Kanu Memorial Inter College, Maheshpurraj, Pakur is not a recognized Institution.
(2.) IT was submitted that the writ petition had been filed in regard to a dispute relating to the seniority of one Chandra Mohan Bhandari -the writ petitioner and while deciding the same, there was no reason to hold that the College itself is not a recognized Institution. But the Counsel is missing that the fall out of this observation was obvious to the effect that the question of deciding the seniority of two professors of the College did not arise at all once the College itself was held to be unrecognized. However, the Counsel for the appellant submitted that this was not the issue before the learned Single Judge and hence learned Single Judge should not have made any observation affecting the status of the Institute. This cannot be allowed to be assailed by way of an appeal but in our opinion even though the said issue was not raised before the learned Single Judge and yet if the same was decided affecting the Institution, it is for the petitioner to file a Review Petition before the learned Single Judge and apprise him of the position. In so far as this appeal is concerned, the same cannot be entertained for rectification of a question of fact and for entertaining an appeal on an issue which was not raised.
(3.) THE appeal, under the circumstance, is dismissed with liberty to file a petition for review.;