PRAHLAD RAI JHUNJHUNWALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application by Prahlad Rai Jhunjhunwala under Articles 226 and 227 of the Constitution of India, is directed against the order dated the 2nd May 1973, as contained in Annexure 3, passed by the District Education Officer Bhagalpur (respondent No. 3), superseding the managing committee of the school named and styled as 'Shri Hanuman Adarash Madhyarnik Vidyalaya (Middle School)' and appointing an ad hoc committee. The relevant portion of the impugned order reads thus:-- ..(VERUNACULAR MATTER OMITTED)..

(2.) In order to appreciate the point involved in this case, it will be necessary to state briefly the facts as stated by the petitioner in his application. The said school was founded by the petitioner who is the present Secretary of the Managing Committee of the said school, in memory of his father late Sri Hanumandas Jhunjhunwala in the year 1965. The said school is located in a building bearing holding No. 2, Bhudharmall bye-lane in Ward No. 4, Circle No. 7 within the Bhagalpur Municipality, P.S. Kotwalia. The building stands in the name of the petitioner's mother Srimati Dida Devi. According to the petitioner, the aims and object of the said institution are to make the boys proficient in Hindu religion by laying stress on teaching of Geeta and Ramayan, through Sanskrit medium and to build the character of the students. The said school was established by the funds donated by the petitioner and is managed and financed by the founder petitioner. According to him, the management is done through a properly constituted managing committee by the petitioner One Gokulanand Choubey was appointed as the Headmaster of the school sometime in February 1968. He started various acts of indiscipline and indulged in politics in the school to the detriment of the school, causing indiscipline among the teachers and students and thereby hampering the teaching of the students. Accordingly, the was warned to refrain from such conduct. He committed various illegal acts and misappropriated the funds of the school and, therefore, he was suspended on and from 1st April 1972, by an order passed by the Managing Committee and an explanation was also called for from him. In his explanation he admitted his guilt by his letter dated 9th June 1972 and promised to rectify his conduct and to devote his time for the better administration and improvement of the teaching of the school, but instead of improving his conduct, he formed a group in the school and tried to infuse indiscipline among the students and teachers with the result that the teaching had come to a standstill. Hence, the Managing Committee was compelled to call a meeting of the Committee on 2nd September 1972, wherein by a resolution of that date Shri Gokulanand Choubey was discharged from service. The said resolution of the Managing Committee was confirmed at a subsequent meeting held on 13th September 1972. However, in league with two other teachers he tried to create breach of the peace and to disturb the teaching of the school so that the Managing Committee may not run the institution. It appears that ultimately report had to be made to the police authority, who submitted his report dated the 13th July 1972 to the Subdivisional Magistrate, Bhagalpur recommending therein for taking action against Gokulanand Choubey and two others under Section 117 (3) of the Cr. P. C. On receipt of the police report and after hearing the parties and perusing the show cause, the Subdivisional Magistrate by his order dated the 13th February 1973, found as a fact that the said persons, as admitted by them, had been removed from their services of the school and they were trying to create trouble endangering public peace with the help of hired Goondas in order to harass the existing Managing Committee. The Subdivisional Magistrate passed an order in the said proceeding under Section 144 of the Cr. P. C., making the same absolute against Gokulanand Choubey and two others. The District Education Officer, on his part, also submitted a report to the Sub-divisional Magistrate that register, receipts and other papers of the school had been removed by Gokulanand Choubey and two others and requested the Subdivisional Magistrate in the interest of the institution not to permit them to enter the premises of the school. A copy of the report of the District Education Officer dated the 13th January 1973 is Annexure 1 to the main application. Subsequently, the District Education Officer started to interfere with the working of the School and ultimately the impugned order dated the 2nd May 1973 (Annexure 3) was passed against the petitioner. According to the case of the petitioner the said institution is a proprietary school and the education authority has no right to interfere with the said institution

(3.) A counter-affidavit has been filed on the 14th August, 1973, on behalf of respondent No. 7 (Vijay Kumar Mitra M.L.A. President of the ad hoc committee) appointed by the impugned order, inter alia, justifying the impugned order and denying the assertion made by the petitioner about the proprietary nature of the said institution. According to respondent No. 7 the school was not a proprietary school. A separate counter-affidavit on behalf of respondents 1 to 6 and 8 has been filed on the 28th September, 1973. In this counter-affidavit also the impugned order has been justified, and it was also stated therein inter alia, that the said school was not a proprietary school and, therefore, the school authority had every right to a control the school in accordance with law