D.K.Seth, J. - (1.) In this petition the petitioners have challenged the taking over of management of a school, being the petitioner No.1 in this writ petition, by the Municipal Authorities, on various grounds mentioned here-after. Initially the writ petition was dismissed and an appeal having been preferred, the matter has since been remitted for trial by the learned single Judge after having passed certain interim orders while formulating the area of the question of law to be examined. On the basis whereof, it appeared to the appeal Court, that there was a prima facie question to be gone into.
(2.) The Municipality had purported to claim that the land on which the school is situated, is a vested land and belong to the Municipality and as such the Municipality has a right to take-over the said school. It is further alleged on behalf of the Municipality that the school was being mismanaged by a few of the members of an unregistered association who are managing the school. The funds of the school belong to the guardian of the students and to the school, but the same is being syphoned out by the Managing Committee for their own private purpose. The teachers and the guardians had been complaining to the Municipality about the mis-management of the school with regard to inadequate steps in imparting education to the children jeopardising their career and inadequate payment of salary to the teachers and the staff. On this ground the Municipality had sought to take-over the management of the school as well as taken-over the fund of the school.
(3.) The appeal Court had granted an interim order under which the Inspector of Schools has been running the management in the intergnum period. The appeal Court had granted liberty to the petitioners to apply for interim order before the learned single Judge and thus the matter had come up on 22nd September, 2000 when and an elaborate and reasoned order was passed and an interim order was passed allowing continuance of the management of the school by the Inspector along with the Board of the School and as well as the management of the fund by the Inspector and the Board jointly with certain other restrictions with regard to the management of the school and use of the said building.;