VINDHYANCHAL PRASAD LAL SHRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed for quashing the order contained in Annexure 2, dated 31st March, 1995, whereby and whereunder the Bihar Intermediate Education Council, in exercise of its power under section 44 (5) read with Section 22 (5) of the bihar Intermediate Education Council Act, 1992 (hereinafter called the Act), has constituted an ad hoc committee for the management of Gram Bharti Balika vidyapith, Ramgarh, Bhabhua. A prayer has also been made to quash the advertisement published in the daily newspaper Hindustan by the convenor of the ad hoc committee on 20th November, 1995, along with local advertisement made on 3rd November, 1995, contained in Annexure 1 and 1/a inviting applications for appointment to the post of teaching and non-teaching staff of the Vidyapith.

(2.) MAIN contention "on behalf of the petitioners is that admittedly, the College was not granted affiliation by the Council on the day when the impugned notification was issued regarding constitution of the ad hoc committee. Therefore a bare reference to sub-sections (3) and (4) of Section 44 of the Act would show that Council will have no jurisdiction to constitute an ad hoc committee with respect to a college which had a valid affiliation. In other words, with respect to a college which is unaffiliated, the Council cannot constitute any committee. It has been further contended even assuming, the affiliation of the college as granted in the year 1992, was extended upto March, 1996, but in any event the adhoc committee constituted vide notification contained in Annexure 2 would cease to have jurisdiction over the affairs of the college after expirty of the period of affilation.

(3.) LEARNED Additional Advocate general, appearing for the Intermediate council as well as Mr. Roy appearing on behalf of the member of the ad hoc committee contended that in view of the decision of the Council, extending affiliation of the college, by a letter dated 31st january, it is wrong to say that on 31st march, 1995, the Vidyapeeth in question was not affiliated. But neither the learned advocates for the Council not the ad hoc committee could controvert the legal position that after expiry of the period of affiliation the Council would have no power to constitute an ad hoc committee.