SUKRIT SANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) PRAYER of the petitioner in this writ application is to quash the order dated 12.12.2003 passed by the Director (Secondary Education) -cum -Special Secretary whereby it has observed that the petitioner 'sappointment as Principal of Ram Mohan Roy Seminary, Khazanchi Road, Patna is Shambhu Nath Mishra Versus State Of Bihar not fit to be legally approved. In the said order it has been further observed that the Principal appointed by the Governing Body of Sadhanashram Seva Samsad, Kolkatta or the Managing Committee appointed by it shall only be recognised. Further prayer made by the petitioner is to quash the order dated 27.12.2003 (Annexure -15) in which it has been observed that the decision taken by Md. Zahid, who has been appointed by the Managing Committee, Sadhanashram Seva Samsad, Kolkatta shall only be recognised.

(2.) RAM Mahan Roy Seminary, an educational institution established by a religious minority, is administered by Sadhnashram Seva Samsad, Kolkatta, hereinafter referred to as the Samsad, a society registered under the Societies Registration Act. The Governing Body of the Samsad constitutes Managing Committee for Ram Mohan Roy Seminary (hereinafter referred to as the Seminary) for its management and administration. The Samsad resolved to appoint the petitioner as the Principal of the Seminary and in the light thereof Secretary of the Managing Committee of the Seminary issued order dated 31.7.1997 (Annexure -3) appointing the petitioner as the Principal of the Seminary. School Service Commission gave concurrence to his appointment by letter dated 20.8.1998 (Annexure -4) and in the light thereof the District Education Officer by order dated 14.9.1998 fixed the pay of the petitioner.

(3.) IT is common ground that the Seminary is a minority school and has been recognised as such by the State Government under . It is further not in dispute that for payment of salary and other emoluments of the teaching and non -teaching employees of the Seminary, the State Government makes available the fund and the said fund is made available on the basis of the details furnished by the Principal or the Secretary ot the Seminary.