SUDHINDRA CHANDRA MALIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE question raised in this case is whether the Dhanbad High School is a minority school based on language. The petitioner, who claims to be the President of its Managing Committee, claimed it to be so and in the writ application, as originally filed, prayed for a writ of mandamus directing the State and certain authorities, impleaded as respondents, to publish the order passed in August, 1978, as contained in Annexure -'9', and to declare the school as a linguistic minority school in accordance with Sec.69 of the Bihar Secondary Education Board Act, 1976 (hereinafter referred to as the 1976 Act). The petitioner also challenged the notification dated 27 -7 -1981, Annexure -'14', purporting to take over the school under the provisions of S.3 of the Bihar Private Secondary Schools (Taking Over of Administration and Control) Ordinance, 1980 (hereinafter referred to as 'the 1980 Ordinance'). The case was placed for admission on 5 -8 -1981 when three persons appeared and wanted to oppose the writ application. The case was admitted under the orders of a learned single Judge on the same day, but the prayer for stay was rejected. The interveners were granted permission to be heard at the time of final hearing of the case. They will be referred to hereafter as the interveners. The petitioner went to the Supreme Court against this Court's order rejecting his prayer for stay and it is his case that while a counter affidavit was filed on behalf of the State there, he learnt about an order dated 23 -6 -1981 passed by the Education Commissioner, on the basis of a report by the Special Secretary, respondent No.8, as contained in Annexure -'16', holding that the petitioner's claim is not correct. He, therefore, filed a petition in the present case for amendment of the writ application by adding a relief for declaring Annexure -'16' as without jurisdiction and for quashing the same and for restraining the respondents from interfering with the management of the school. The Supreme Court dismissed the petitioner's application, but observed that the case should be taken up for final hearing before 17 -1 -1982. Accordingly, the case was taken up for hearing by my learned brother Mr. Justice R.C.P. Sinha singly on 15 -1 -1982. The application for amendment of the writ petition, referred to above, was filed at that stage. Mr. Justice Sinha, after hearing the case for some time, referred it to a Division Bench. Steps for preparing the case for hearing before a Division Bench were, thereafter, taken expeditiously and it was directed to be heard on 4 -2 -1982. One Hargouri Prasad Singh filed a petition in person for being added as a party respondent to the case. His application as also the petitioner's application for amendment of the writ petition were directed to be placed for orders along with the final hearing. Several counter affidavits and further affidavits were also filed by the parties. The case was taken up for hearing on 4 -2 -1982 and it was concluded on 12 -2 -1982. Since the deputation of my learned brother at Ranchi was only till that date, learned counsel for the parties stated that the judgement could be delivered at Patna when I went back.

(2.) THE petitioner's case, as made out in the writ application, is that the Bengali residents of Gobindpur, which was earlier the sub -divisional headquarters, established the school as a middle school under the leadership of Sri J.C. Mallick, the grandfather of the petitioner. The sub -divisional headquarters were shifted to Dhanbad in or about 1919 and the school was also shifted to Dhanbad. Sri Mallick was the founder Secretary of the school and continued as the Secretary of the Managing Committee till his death. In or about 1912 the middle school was upgraded up to the high school standard. After the death of Sri J.C. Mallick, in or about 1939 his son Sri H.C. Mallick was appointed as the Secretary and he continued as such till his death in 1949. His son, the present petitioner, has been holding the post of Member/President of the Managing Committee of the school since 1974. It has been asserted that the control of the school has always been in the hands of the Bengali speaking minority and a number of annexures have been relied upon as the proof thereof.

(3.) IN his amendment petition, the petitioner stated as to how he learnt about the enquiry report of the Director as mentioned in Annexure -'16' and that he had been advised to further pray for quashing Annexure -'16'.