- (1.) This is an application under Articles 226 and 227 of the Constitution of India by the Managing Committee of Rama Nand Uchch Vidyalay for issuing a writ quashing the order passed by the Chairman of the Bihar Secondary Education Board (hereinafter called the Board) derecognising the said school.
(2.) It is said that the school was recognised for imparting education upto the matriculation standard. The Headmaster of this school, one Ramashrey Singh was, however, found to have defalcated some amount belonging to the school and was dismissed on that account. His dismissal was approved by the Education authorities and ultimately he started another school bearing the same name as the petitioner's school. He also manipulated things and brought into collusion the officers of the Board and ultimately got the order withdrawing recognition of this school and for recognition of his own school. It is further said that in this background a notice was sent to the petitioner containing certain charges and calling upon it to meet them. Enquiry was made into this matter by the Block Education Extension Officer who found the allegations to be wrong. Yet, the Chairman of the Board passed the order contained in Annexure '2' dated the 22nd of March, 1975, by which he withdrew recognition of this school and permitted the school started by the aforesaid Ramashrey Singh to function and the question of its recognition to be taken up. It is also said that the Chairman's order purported to be under Section 31 (2) of the Bihar Secondary Education Board Ordinance, 1974, (Bihar Ordinance 112 of 1974), hereinafter to be referred to as the Ordinance, and hence an appeal was filed by the Managing Committee of the school as provided in Section 31 (3) of the Ordinance. But the Government not having appointed any authority to hear the appeal, it has not been heard and in spite of a reminder and a legal notice served on the Government to dispose of the matter, it has not been done and, therefore, the petitioner had no remedy but to come to this Court. Hence, the present application,
(3.) Learned counsel for the petitioner raised two points before me --firstly, that under the Ordinance the Chairman had no jurisdiction to withdraw the recognition granted to the school, the power being exercisable by the Board and not by him and, secondly, that the order is mala fide at the instance of Ramashrey Singh who was heard in respect of the matter and influenced the decision of the Chairman.;