MANAGING COMMITTEE OF SRI 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 Sanskrit Vidyalaya. The petitioner Managing Committee is being represented by the Secretary Sri Chandra Mishra, whereas 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 year, 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.) The said Managing Committee vide resolution dated 31.12.1979 appointed petitioner No. 2 Subodh Jha as Assistant Teacher of the School. Later as would appear from Annexure-5, in a meeting of the members of the Committee held on 8.1.1984, it was decided since the previous Committee which was constituted as back as on 17.12.1978 had already competed a term of five years, therefore, the said Committee was dissolved in order to constitute a fresh committee. But, Sri Chandra Mishra was not inducted in that meeting as Secretary.