KRISHNA MANI KAUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellent Nos. 2 to 5 and one Umeshwar mishra were Respondent Nos. 6 to 10 in the writ-petition (C. W. J. C. No. 4579 of 1986. The said writ-petition was filed by the Respondent-Managing Committee of Shri Vishnudutta mishra Sanskrit High School along with others. One order which was passed by Respondent-Chairman of bihar Sanskrit Shiksha Board (for short the 'board') , contained in letter No. 16 dated 3rd May, 1983 (Annexure-12 to the writ-petition) was under challenge in the said writ petition. The order which was passed by the appellate authority with respect to appeal against the aforesaid order (Annexure-1 to the writ-petition) , the same was also under challenge. The learned Single judge by the impugned order dated 28th September, 1986 allowed the said writ petition (C. W. J. C. No. 4579/86) , set aside the appellate order (Annexure-1 to the writ petition) and also set aside the order, contained in letter No. 16 dated 3rd may, 1983 (Annexure-12 to the writ petition) , so far as it relates to the appellants (Respondent Nos. 6 to 10 of the writ petition In effect, the appellants 2 to 5 and original appellant umeshwar Mishra have been thrown out of service. It is for the said reason, the present appeal has been preferred by the appellants.

(2.) At this stage, it is to be taken into note that the original Appellant no. 1, Umeshwar Mishra died during the pendency of the present appeal and his heir (widow) has been substituted in his place; who has prayed for consequential benefit.

(3.) The brief facts of the case are, as follows : A school was established in village Baruhi in the district of Bhojpur by public vide their meeting dated 1st March, 1977 which was named as pandit Vishnudutta Mishra Sanskrit ucha Vidyalaya, Baruhi. The school at baruhi started functioning since 15th march, 1977. The original Appellant no. 1, Umeshwar Mishra was appointed as Head Master in the said school. Subsequently, the rest of the appellants 2 to 4 were appointed as Assistant Teachers in the said school at baruhi. The appellant No. 5 was appointed as clerk in the school at baruhi. It is admitted by the authorities that the school at Baruhi was granted recognition by Board on 27th March, 1978 and services of certain teaching and non-teaching employees were also approved, including the services of the appellants by one order No. 2789 dated 28th March, 1978. The appellants continued to function in the school at baruhi. The dispute started thereafter. , according to the appellants, the managing Committee of the School at baruhi, which was granted recognition by the Board, the said Managing Committee decided to shift the school in its own land, which was in the other village at Bajaria. It is stated that 21 decimals of land in the village Bajaria was donated by Baruhi Panchayat for construction of the school building therein, as the school at Baruhi was continuing in the Darwaja pf a private person, namely, Pandit Vishnnudutta mishra. Further, according to the appellants, the school, in question, which was at Baruhi was shifted to its new building in the village Bajaria. Thereafter the appellants continued to function as teacher and non-teaching employees of the school in the said village Bajaria. It has been alleged by the appellants that some of the teachers, whose services were not approved and/or who were earlier terminated from the services of the school, they opened a new school in the name of the old school, i. e. Pandit Vishnudutta Mishra Sanskrit ucha Vidyalaye, at the old place i. e. at the Darwaja of a private person, by the help of a new Managing Committee, and thereby they started running a parallel school. It has been contended on behalf of the appellants that the said new Managing Committee which started functioning as Managing Committee in the name of the school at old place at Barahi after the original school shifted to village Bajaria, was not a valid Managing Committee, as it was never approved by the Board.