MANAGING COMMITTEEOF SRI CHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition under Articles 226 & 227 of the Constitution of India has been filed for a writ of certiorari, quashing the order, contained in memo No. 314 dated 15.4.1989 (Annexure -1). whereby, the Special Director, Secondary Education, Government of Bihar (respondent no. 2) rejected the appeal, which was preferred against the order of the Chairman of the Bihar Sanskrit Shiksha Board, as contained in Memo No. 6699 dated 2.7.1987 (Annexure -4).

(2.) AS would appear from the facts on record, there is a dispute between two Managing Committees of the School, named Sri Chandra Mishra Prathmik -sah -Madhyama Sanakrit Vidyalaya. The petitioner Managing Committee is being represented by the Secretary Sri Chandra Mishra, where as the other Managing Committee is represented by Sri Baiju Kant Jha (Chairman) and Baleshwar Jha (Secretary). The School in question was established by the villagers in the years, 1978 in a building offered by Sri Chandra Mishra, who was also nominated as Secretary of the Managing Committee, while Sri Baiju Kant Jha as Chairman.

(3.) FEELING aggrieved by the abovementioned resolution of the Members of the Committee, Sri Chandra Mishra filed an application before the Bihar Sanskrit Shiksha Board. Both the committees, one led by Sri Chandra Mishra and the other by Baiju Kant Jha and Baleshwar Jha placed their respective claims regarding validity of the committee. Ultimately the Chairman of the Board by order dated 2.9.1987, as contained in Annexure -4, held that the Managing Committee led by Baiju Kant Jha and Baleshwar Jha was legally constituted. Since Sri Chandra Mishra had failed to fulfil his commitment to donate land and building to the School nor he was present in the meeting of the committee held on 8.5.84, he was not entitled to be the secretary of the Managing Committee.