DISTRICT SCHOOL BOARD Vs. BHAGWAN VASUDEV MARATHE

JUDGEMENT

(1.) Those are nine appeals from orders arising out of suits instituted by the plaintiffs, who are teachers, serving in the District School Board of Bijapur, constituted under the Bombay Primary Education Act, IV of 1923, as amended by Act XV of 1927, for damages for degradation and punishments inflcited by the District School Board, and for an injunction restraining the Board from giving effect to its resolutions, dated July 16, 1928, a May, 22, 1928.

(2.) The learned Subordinate Judge held that the School Board is not a corporation, and therefore such a body, although it may have been given certain powers, has not been saddled with the liability of being sued in the same manner as the District Local Board incorporated under Section 47 of the Bombay Local Boards Act (VI of 1923), and if a power to sue or be sued was intended to be conferred on the School Board, provision ought to have been made either in the Bombay Primary Education Act or in the rules made under that Act,

(3.) On appeal, the learned District Judge held, firstly, that the School Board was empowered to act in respect of certain matters reserved under the Bombay Primary Education Act and the rules made thereunder, and therefore the Board was a corporation, and that if not a corporation, it was a quasi-corporate body so far as the powers entrusted to it were concerned; and, secondly, that the School Board, if it is guilty of tort, is liable to be sued, and the suit ought not to have been dismissed under Order I, Rule 9, Civil Procedure Code.