RAM SHARAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioner Ram Sharan Singh is the Secretary of the Managing Committee of the Priyabarta High English School located in village Panchagachia in the district of Saharsa. The High School was at first held in the building of Raj Bahadur Priyabrat Narayan Singh, and in the year 1932 the school was shifted to the guest house of the Panchagachia estate. It appears that the heirs of Raj Bahadur Priyabrat Narayan Singh made an offer of a gift of about 5 bighas of land for constructing a permanent building for the school. On the 18th of January, 1957, the Managing Committee resolved to accept the offer subject to the condition that the heir would execute a registered deed of gift before the 25th of January, 1957, and further a sum of Rs. 5000 should be collected and deposited by opposite parties 14 and 15 in the School fund. The case of the petitioner is that the condition was not fulfilled. A rival offer was apparently made by the villagers of Panchgachia, who agreed to make a gift of about 9 bighas of land in another site for the purpose of the school buildings. The Managing Committee agreed to accept the offer of the villagers of Panchgachia and accordingly the villagers of Panchgachia executed three registered deeds of gift dated the 3rd August 1956, 27th August, 1956 and 31st August, 1956, with regard to 9 bighas and odd of land and villagers of Panchgachia also subscribed the sum of Rs. 3000 in cash for the purpose of the school, building. On the 23rd of March, 1957, the Managing Committee resolved that the school building should be constructed on the land gifted by the Panchgachia villagers. It appears that opposite party No. 14 made an application before the Deputy Director Of Education objecting to the construction of the school building on the site given by the Panchgachia villagers. An enquiry was made into the matter by the Education authorities and on the 14th of October, 1957, the Secretary of the Board of Secondary Education informed the petitioner that the President of the Board of Secondary Education has approved the construction of the school building On the site given by the Panchgachia villagers. A copy of the letter is Annexure E to the application. But later on, on the 17th of November, 1959, the petitioner was informed by the Deputy Director of Secondary Education that the State Government have decided that the school building should be constructed on the land gifted by the ex-landlord of the Panchgachia estate. A copy of this letter is Annexure F to the application of the petitioners.

(2.) The case of the petitioners is that the order of the State Government conveyed in the letter of the Deputy Director of Education dated the 17th of November, 1959, is ultra vires and illegal and must be quashed by a writ in the nature of certiorari.

(3.) Cause has been shown by the learned Government Advocate on behalf of respondents Nos. 9, 11, 13, and 14 and by the learned Additional Government Pleader on behalf of respondents 1 to 7.