JAMSHEDPUR GUJRATI SAMAJ, JAMSHEDPUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties at length. This present writ petition has been preferred for quashing the order dated 11.03.2004 passed by the Director Primary Education Ranchi, Jharkhand. Further prayer has been made to allow the Managing Committee elected on 02.12.2003 to function.

(2.) It appears from the arguments of the rival parties that the earlier in W.P.(C) No. 5773 of 2003 filed by the petitioner school the order passed by the District Superintendent of Education, Jamshedpur whereby an ad hoc working Committee of the school was constituted, had been challenged. An intervention was made in the said writ petition by Shree Jamshedpur Gujrati Samaj, Jamshedpur, the present petitioner, justifying the impugned order. Under the circumstances, this Court directed the Director, Primary Education, Government of Jharkhand to decide the matter after hearing the parties within stipulated time. In that order it was made clear that "Till the decision is taken by the Director, there will be no interference with the present Management of the School and the election which is going to be held today, shall be kept in abeyance".

(3.) Thereafter, the impugned order has been passed on 11.03.2004 by the Director Primary Education, which is contained at Annexure-21 of the writ petition, as per the earlier direction of this Court. It appears from a perusal of the order impugned that after discussing rival contention of the parties, the Director, Primary Education held that the impugned order passed on 04.08.2003 by the District Superintendent of Education constituting an ad hoc Committee to manage the school is untenable and misconceived and it was accordingly quashed and set aside ab-initio. As per the contention of the parties, the order of the District Superintendent of Education was passed on 04.08.2003, the term of the then existing Managing Committee's was to expire on 22.08.2003. This Court had passed order in W.P.(C) No. 5773 of 2003 on 02.12.2003 and the order impugned in present writ petition was passed by the Director, Primary Education dated 11.03.2004. It is not in dispute that the term of Managing Committee School as per the bye-laws in vogue was for three years. From the arguments of the parties, it therefore, appears that in any case, after passing of the order of 11.03.2004, the term of the subsequent Managing Committee must have expired after completion of three years in the year 2006 or in the year 2007.