DUKHAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) C. W. J. C. No. 1726 of 197T and Original Criminal Miscellaneous Case No. 23 of 1971 have been heard together as they arise out of substantially the same question. The petitioners in both the cases are Dr. Dukhan Ram and Dr. R. P. Lall. The respondents in the former case are the State of Bihar, President, Board of Secondary Education, Bihar, Shri Rajendra Prasad and Shri Baidyanath Prasad. The Opposite Parties in the other case am Shri Rajendra Prasad and Shri Baidyanath Prasad.

(2.) By the writ petition, Dr. Dukhan Ram as President of the Dayanand Vidyalaya, Mithapur, Patna and Dr. R. P. Lall as the Secretary of tie institution, have prayed for quashing the order dated December 18, 1971, passed by the President Board of Secondary Education, Bihar (Annexure '2'). This order cancels the previous order communicated by letter dated September 23, 1971, by which recogpition of an ad hoc managing committee constituted by the President of the Bihar Arya Pratinidhi Sabha (Dr. Dukhan Ram) for the Dayanand Vidyalaya, Mithapur, was given and recognises the managing committee formed by the Arya Samaj, Mithapur, with Shri Rajendra Prasad as the President and Shri Baidyanath Prasad as Secretary.

(3.) The writ petition has been filed on the following allegations. Dr. Dukhan Ram, petitioner No. 1, is the President of the Bihar Arya Pratinidhi Sabha which organisation controls all the Arya Samajas and the institutions including schools for boys and girls under their control. One of such schools is the Dayanand Vidyalaya, Mithapur, Patna, which is being managed by the Bihar Arya Pratinidhi Sabha with a managing committee of its choice. Dr. Dukhan Ram is the President and Dr. R. P. Lall is the Secretary of that committee. Due to anti Vidyalaya activities by some members of the old Managing Committee, the President of the Arya Pratinidhi Sabha (Petitioner No. 1) according to the prescribed Rales, dissolved in old managing committee on September 18, 1971 and appointed an ad hoc committee for administering the school. 3y his letter dated September 23, 1971, Secretary of the Board of Secondary Education communicated Board's recognition to this ad hoc committee.