M.Y.EQBAL,J. - (1.) IN this writ application the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order as contained in letter dt. 16.11.99 by which the services of the petitioner on the post of Headmaster has been terminated.
(2.) THE petitioner was appointed as Headmaster in Gurunanak High School, Jamshedpur. He joined in the said post in 1966. In 1998 the Managing Committee of the school served a charge sheet on the petitioner levelling six charges against him. First five charges were in relation to non -compliance of the directions of the election authority for which a case has been instituted under Section 134 of the Representation of People Act, 1951. The sixth charge was in relation to giving false statement about his date of birth. A departmental proceeding was initiated and the Enquiry Officer submitted his inquiry report wherein all the charges levelled against the petitioner have been proved. On the basis of the enquiry report the impugned order of dismissal of the petitioner from service Has been passed. Mr. R. Krishna, learned counsel appearing on behalf of the petitioner assailed the impugned order of dismissal as being illegal and contrary to the provisions of Bihar Non -Govt. Secondary School (Taking over of Management and Control) Act. 1981. Learned counsel submitted that the school in question has been given minority status by the State Govt. and the provisions of 1981 Act is regulatory measure in order to assess the correct findings of the minority institutions. Learned counsel submitted that before passing the order of dismissal or termination of the services of the petitioner, the Managing Committee is required to obtain sanction of Vidalya Sewa Board in terms of the provisions of Section 18 of the said Act. Admittedly the approval of the Board has not been taken and, therefore, the order of dismissal cannot be sustained in law.
(3.) IN the counter affidavit filed by the State -Respondent, it is stated that the State Govt. has no control over the affairs of the school run by minority institutions and the Managing Committee is the authorised body to deal with the service conditions of the teaching and -non -teaching staff of the school including the petitioner. It is further stated that the service of the petitioner has been terminated by the Managing Committee of the school on various charges including the charge of tempering his date of birth in the records.;