LAWS(PAT)-2004-2-11

RITA DEVI Vs. STATE OF BIHAR

Decided On February 25, 2004
RITA DEVI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS application has been filed for quashing the decision, as contained in Annexure -1 whereby respondent nos. 9 to 22 have been inducted as the member of the Vidyalaya Siksha Samiti of Nationalised Middle School, Rajnagar.

(2.) IT is the stand of the petitioner that she was elected as member of the Vidyalaya Sikshak Samiti (for short the Samiti) in a meeting held on 6.2.2002. Hence the constitution of Samiti by the impugned decision at a latter stage is illegal in the eye of law.

(3.) IN order to assail the induction of responents 9 to 22 as the member of the Samiti, Mr. Ghanshyam Jha appearing on behalf of the petitioner has raised several points but as the writ application is to succeed on a very short point, I deem it inexpedient to either incorporate or answer the same. Mr. Jha contends that under section 8 of the Act the Block Development Officer is to designate inducer of District Primary Education Programme/ Sarva Shiksha Abhiyan/Speed and of any other similar programmes as the Election Officer. He draws my attention to the impugned decision and points out that respondents 9 to 22 have been elected in which the Panchayat Sewak was the election officer.