S.B.SANYAL, J. - (1.)Heard learned Counsel for the petitioner, Private respondent No. 4 and the Advocate -General, as also counsel for the Sanskrit Shiksha Board.
(2.)We have indicated in our order dated 24 -7 -1990 that we proposed to dispose of the case under the heading 'For Orders' with the consent of the parties We, therefore, propose to dispose of the matter at this stage.
(3.)It now appears that the instant institution has been taken over under the provisions of the Bihar Non -Government Sanskrit Schools (Taking over of Management and Control) Ordinance, 1989, (hereinafter referred to as 'the Ordinance'). By virtue of Section 3 of the Ordinance Sanskrit Schools have vested in the State Government and the State Government is the only authority to manage and control the institutions. Under Section 4 of the Ordinance, the services of those teaching and non -teaching employees of the schools, who have been appointed permantly/temporarily against sanctioned posts, have been transferred to the State Government, but the services of those, who have been appointed on non -sanctioned posts and are not fit or otherwise qualified, would automatically stand terminated. It appears from the provisions of Section 5 of the Ordinance that the management and control of the taken over school shall remain under the Director and officers working under him in the manner prescribed by the State Government and the State Government is required to determine the powers and functions of the Director and officers of all ranks working under him and shall issue necessary directions in this behalf to the Director from time to time. Section 6 talks about the constitution of the Managing Committee and Section 7 deals with the powers and function of such Committee. From the scheme of the Ordinance it is crystal clear that the Director and officers working under him should manage and control the affairs of the instant school which has admittedly been taken over. Learned Counsel for the petitioner states that there is complete vacuum inasmuch as in spite of taking over of the school no body has come forward to feed the hostel students nor any body to look after the work of the school. Therefore, the old managing committee should be allowed to continue for interregnum period till a fresh managing committee is constituted.