SANSKRIT SHASTRA SANRAKSHAN MANCH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of quo -warranto for quashing the notification dated 15.09.2008 appointing respondent No. 7 as the Chairman of the Bihar Sanskrit Shiksha Board.

(2.) ACCORDING to the petitioner, respondent No. 7 is not fit to be appointed as Chairman of the Bihar Sanskrit Shiksha Board (hereinafter referred to as the Board) as he does not possess the qualification as contemplated under Section 8(1) of the Bihar Sanskrit Shiksha Board Act 1981. It has been pointed out that petitioner is neither an eminent scholar of Sanskrit learning and education nor he was ever attached with the teaching work and imparted education in any school/college/university. According to the petitioner, a candidate shall be eligible for appointment only, if he is reputed scholar in Sanskrit learning having interest in Sanskrit education and in this connection reference has been made to Section 8 of the Bihar Sanskrit Education Board Third Ordinance 1980. It inter alia provides as follows:

(3.) MR . Purushottam Jha, appearing on behalf of the petitioner submits that the respondent No. 7 is not a reputed scholar in Sanskrit education. He points out that the function of the Board is to advise the State Government on all matters relating to Sanskrit education up to Madhyama standard and to supervise and control Sanskrit education up to Madhyama standard and hence a person having no excellence in the field of Sanskrit education shall not be eligible for appointment.