LAWS(PAT)-2009-2-203

MAHABIR RAI Vs. STATE OF BIHAR

Decided On February 11, 2009
MAHABIR RAI Appellant
V/S
STATE OF BIHAR Respondents

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. 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: 8. Chairman - (1) Subject to the provision of this Ordinance, the Chairman shall be appointed by the State Government for a term not exceeding three years from the date he assumes office and on the expiration of the said term, he shall be eligible to be re -appointed for a period not exceeding three years. No person shall be eligible for appointment as a chairman, unless he holds administrative experience for not less than 10 years under the Central or the State Government or unless he holds teaching experience for not less than ten years in any University College and in the opinion of the State Government he is a reputed scholar in Sanskrit learning having interest in Sanskrit Education. (2) Other terms and conditions for appointment of the Chairman shall be such as may be determined from time to time by the State Government.

(2.) IT is not in dispute that, thereafter, successive Ordinances were promulgated and ultimately the Legislature enacted Bihar Sanskrit Shiksha Board Act, 1981. As the appointment in question has been made after coming into the force of the Act, the requirement for appointment as a Chairman of the Board shall be governed by Section 8 of the Act, which reads as follows: (Local Language)

(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. Mr. AAG -1 appears on behalf of the State Board is represented by Mr. Tej Bahadur Singh whereas respondent No. 7 is represented by Mr. Kali Kant Jha.