SARVESHWAR NATH SINGH Vs. JHARKHAND INTERMEDIATE EDUCATION COUNCIL

JUDGEMENT

(1.) IN this petition, amongst various other reliefs, the petitioner claims that the respondents have committed a patent illegality in appointing an Administrator for the Jharkhand Intermediate Education Council, because according to the petitioner, law does not contemplate such an appointment of an Administrator.

(2.) MR . Pandey Neeraj Rai, learned counsel appearing for the petitioner drew our attention to Sections 3, 4 and 5 of the Jharkhand intermediate Education Council Act, 2000. Actually by virtue of the powers vested in the Government of Jharkhand under Section 85 of the Bihar Reorganisation Act, 2000 and vide Notification No. 7 dated 13.12.2000. Bihar Intermediate Education Council Act, 1992 was applied to the State of Jharkhand with the modifications and adaptations as mentioned in the aforesaid notification.

(3.) A reading of the aforesaid Sections of 2000 Act clearly suggest that what, the law stipulates is the establishing of an Intermediate Education Council as a first step and then, to appoint its Chairman, Vice -Chairman and the Members. The law does not contemplate the appointment of any Administrator of the Council as such. But this is exactly what the respondents have done. They, instead of establishing the Council, appointing its Chairman. Vice -Chairman and the Members, have appointed an Administrator of the Council. The appointment of the Administrator of the Council being totally alien to the aforesaid Act, the same being de hors the Act and clearly being contrary to its specific and express provisions, is wholly and patently erroneous and illegal. Not merely a technical illegality has been committed, but even the legislative intent has been defeated and frustrated by the - Government of Jharkhand in not appointing the Council, a Multimember Body, but appointing an Administrator. Section 85 empowered the State Government to apply the 1992 Act with such adaptations and modifications, qua the State of Jharkhand, as the State of Jharkhand at that stage considered appropriate. In exercise of that extraordinary power the Government of Jharkhand did not choose to effect any appropriate adaptation or modification in the 1992 Act. It instead applied 1992 Act practically in its entirety to the State of Jharkhand except the nomenclature modifications as are contained in the notification dated 13.12.2000.