ABINASH PRASAD Vs. B P GYANI

JUDGEMENT

(1.) This application has been filed for quashing the order of the President, Board of Secondary Education, Bihar, dated the 20th August, 1971 (Annexure 1) by which he set aside the election of the Managing Commitee of the Dharichhan Pandey High School, Hussaini, and his consequential order appointing a new ad hoc Managing Committee of the school (Annexure 2).

(2.) Under Rule 3 of the Bihar High Schools (Constitution, Powers and Functions of Managing Committee) Rules, 1964, as amended by the State Legislature in 1967, the Managing Committee of the aforesaid High School was constilufed. Being aggrieved with the constitution of the Managing Committee, respondents Nos. 3 and 4 to this application approached the President of the Board of Secondary Education under Rule 40 of the above Bules for setting aside the appointment, selection and co-option of the members and office bearers of the Committee. Rule 40 runs as follows:--

(3.) Objection was raised by learned counsel for the petitioners that the powers under Rule 40 of the aforesaid Rules could only be exercised by the President and not by any body else and as such the hearing of the matter should be before the President and riot before the Secretary. The objection was, however, overruled. It is admitted that the entire matter was heard before the Secretary and thereafter a letter dated the 20th August, .1971, containing the order was issued under the signature of the President. The decision arrived at under the signature of the President has not been challenged before me on merits.