GANGA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties including learned counsel for the intervenor of I.A. No. 788 of 2003.

(2.) THIS writ application is directed against the order, as contained in annexure 1, issued vide memo no. 292 dated 10.02.2003 by the District Education Officer, Patna, respondent no. 3, whereby and whereunder respondent no. 4, Raghunath Mahatha, has been appointed as incharge Headmaster with immediate effect in place of Sri Ramadhar Sharma, incharge Headmaster, who superannuated, and also for direction to the authorities for payment of salary to the teaching and non -teaching staff of the D.A.V. High School, Danapur, which has already been released by the Director, Secondary Education, Bihar, Patna, respondent no. 2.

(3.) MR . Rajendra Prasad Singh, learned counsel appearing on behalf of the petitioners submitted that by virtue of the letter, as contained in annexure 7, issued vide memo no. 991 dated 25.09.2001, the petitioners are continuing as President and Secretary of the managing committee of the school, and, therefore, respondent no. 3 had no jurisdiction to issue the office order, as contained in annexure 1, appointing respondent no. 4, Sri Raghunath Mahatha as incharge Headmaster of the school, inasmuch as respondent no. 3 was not empowered under the law to interfere in the day -to -day management of the school, as the school in question is a religious minority school under Articles 29 (1) and 30 (1) of the Constitution.