TELCO URDU MIDDLE SCHOOL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Managing Committee of TELCO Urdu Middle School has filed this application for quashing the order of the third respondent dated 24. 12. 93 (Annexure-6a)whereby the order of dismissal of 4th respondent as headmaster of the school by the Managing Committee has been stayed. The impugned stay order was passed after the 4th respondent failed to obtain injunction in the Title Suit field by him before the Munsif, Jamshedupr.

(2.) THE first petitioner is the Managing committee of Telco Urdu Middle School which is a religious minority institution and has been declared as such by the Education Department on 19. 2. 78. In 1976, Bihar non-Government Elementary Schools (Taking Over of Control) Act, 1976 was enacted by the State Legislature. Rules have been framed thereunder and executive instructions have also been issued. In the act, so far as minority elementary schools are concerned, there is no provision of any governmental control over the Management of the School.

(3.) UNDER Section 8 of the Act, a general power is given to the State Government to issue direction/orders deemed necessary for removal of difficulties in implementation of the provisions of the Act. Provision of this Act is very different from bihar Non-Government Secondary School (Taking Over of Management and Control)Act wherein under Section 18 power of control is vested in the State Government. There is, however, no analogous provision with regard to the elementary school in 1976 Act.