STATE OF BIHAR Vs. JAINANADANPRASADSINGH:NANDESHWARSINGH

JUDGEMENT

(1.) The question involved in these cases is whether the schools in question, namely Firangi Singh Middle School, Gaya and Janata Sarvodaya Madhya Vidhyalaya, Dharndhar which were aided elementary schools have been taken over by the government of Bihar under S. 3 of the Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976 (hereinafter referred to as 'the Act'). Ss. (2 of Section 3 of the Act provides that aided elementary schools, the Managing Committee of which have handed over voluntarily the control of the school to the government, shall be taken over by the State Government with effect from the date which shall be determined by the District Committee referred to in Ss. (4 for this purpose.

(2.) The District Committee consists of six officers referred to in sub S. (4 of S. 3. One of the contentions of the State of Bihar, the appellant in Civil No. 1573 of 1985 is that there has not been. any decision of the District Committee with regard to the feasibility of taking over of the schools in question, since no resolution has been passed by the Committee at a meeting and that there was no provision for making a recommendation by the members of the Committee individually on a file which is circulated amongst each one of them. Our attention has been drawn to the document which is marked as Annx. 4 in Civil Appeal No. 1573 of 1985. In that document it is observed thus:

(3.) We, therefore, set aside the orders passed by the High court and direct the District Committee concerned to take the decision on the question whether it is feasible to take over the schools in question and if they are of the view that they should be taken over, the date from which each of the two schools should be taken over.