Kanhaiyaji, J. - (1.) In this writ application under Articles 226 and 227 of the Constitution of India, petitioner Sri Shyam Sundar Prasad has challenged the validity of the order dated the 18th July, 1970 (Annexure 1) made by the President, Board of Secondary Education, Bihar, respondent No. 1 (hereinafter referred to as "the President of the Board)" and the order dated the 23rd October, 1970 (Annexure 3) made by the Appellate Authority.
(2.) There is a High School at Islampur in the district of Patna named Netaji Shri Subhas High School (herein-after referred to as 'the School'). The school was managed by a Managing Committee with effect from the 1st August, 1964, constituted in accordance with the provisions of Bihar High Schools (Constitution. Powers and Functions of Managing Committee) Rules- 1964, hereinafter called 'the Rules'. The petitioner was the President of the Managing Committee. Subsequently, in 1967, the Rules were amended and the amended Rules came into force with effect from the 24th May. 1967. Rule 37 requires that "for each school a Managing Committee shall be constituted in accordance with these rules, within a period of two years from the date of publication of these rules in the Official Gazette" and Rule 39 thereof provides that "where a Managing Committee is not constituted, in accordance with these rules, within the period specified in the Rule 37, the powers and duties of the Managing Committee, President and Secretary shall, until its constitution in accordance therewith be exercised and performed by such person as may be appointed by the President of the Board of Secondary Education for the purpose". No Managing Committee was constituted according to the new Rules within the prescribed period aforesaid and by notification No. 1158 dated the 22nd May, 1969, the President of the Board (respondent No. 11 acting under the aforesaid Rule 39 appointed the petitioner the President of the then Managing Committee to exercise and perform the powers and duties of the Managing Committee, President and Secretary with effect from the 24th May, 1969 until the constitution of a Managing Committee in accordance with the rules. The petitioner was functioning as the Managing Committee. President and Secretary, of the said school. The President of the Board in the meantime changed the constitution of the ad hoc committee by a fresh notification issued in continuation of the earlier notification. He constituted an ad hoc Committee consisting of respondents 2 to 5 and the petitioner with the Block Development Officer, Tslampur (respondent No. 2) as its President. A copy of the said order and communication dated the 18th July, 1970 is Annexure 1 to the writ application. The petitioner was aggrieved by this order and he preferred an appeal before the Appellate Authority appointed under Section 6 of the Bihar High Schools (Control and Regulation of Administration) Act 1960. hereinafter referred to as 'the Act'. Shri N. D. J. Rao, Secretary to the Government. Education Department. Bihar and Appellate Authority under the Act admitted the appeal and stayed the operation of the aforesaid order of respondent No. 1. A copy of the order is Annexure 2 to the writ application. The Appellate Authority on final hearing dismissed the appeal by its order dated the 23rd October, 1970. A copy of the said order is Annexure 3 to the writ application. The petitioner has moved this Court for quashisg these orders by issuance of writ of certiorari.
(3.) It is claimed in the petition that under Rule 39 respondent No, 1 is empowered to appoint only one person who is to function as the Managing Committee. President and Secretary of the School concerned, and the said Rule 39 does not contemplate the appointment of more than one person as member of the ad hoc Committee. At any rate, it is said that the said rule does not envisage the exercise of the power of appointing ad hoc committee on more than one occasion, nor does it make the appointment of the appointee as perilous as to render him removable from the office at the pleasure of the President of the Board. In paragraph 15 of the writ application, it is said that at the time of argument of the appeal before the learned Appellate Authority it appeared from the relevant file that the aforesaid order (Annexure 1) was passed by respondent No. 1 at the instance of the State Minister for Education. Government of Bihar. In paragraph 16 of the writ application, a short history of the political rivalry between the petitioner and respondent No. 5. Sri Ramsharan Prasad Singh is given; and in paragraph 17 it is stated that respondent No. 5 supports the present Ministry, and as such the State Minister for Education has under his influence, mala fide interfered with the working of the President of the Board which is an autonomous body and caused the said order dated the 18th July, 1970 (Annexure 1) passed against the petitioner.;