Chandrashekhar,J. - (1.) The appellant namely, Shree Narbheram Hansraj Gujarati M.E. School has preferred the present Letters Patent Appeal on the ground that without adding the appellant school as a party respondent in the writ proceeding and thus, without hearing the appellant school, the learned Single Judge could not have made the following observation : "However, it is made clear that none of the observation made by the Director, Primary Education while passing the impugned order on the inter se dispute between the rival parties would have any effect upon issues of fact which may be pending adjudication between the parties before any other forum".
(2.) The appellant school was established by Shree Jamshedpur Gujarati Samaj and the Government of Bihar has declared the schools run by the Shree Jamshedpur Gujarati Samaj as "Linguistic Minority School". It is stated that after the city of Jamshedpur popularly known as "Steel City" came into existence and it developed as an industrial city, many Gujaratis started migrating to Jamshedpur and setup their business there. One Hima Bhai Hira Bhain Amin formed Shree Jamshedpur Gujarati Samaj with an object to uphold the language and culture of Gujarati Samaj at Jamshedpur. He opened a school for Gujarati students in his residence in the year, 1922. Again, in the year, 1984 an English Medium School namely, Shree Narbheram Hansraj English Medium School was established by the Samaj. The Government of Bihar recognised both the Middle School and the High School which were established, controlled and managed by the Samaj. After certain disputes arose amongst the members of the Managing Committee, six members of the Managing Committee namely, Shri R.H. Amin, Shri H.S. Thakkar, Shri D.H. Dave, Shri T.M. Adesra, Shri P.C. Adesra and Shri B.K.Adesra requested the President of the Managing Committee to convene Annual General Body Meeting and subsequently, on 26.08.2002 the above named six members of the Managing Committee again requested the President of the Managing Committee for resolving the issues amicably. On 12.09.2002 a representation was made to the General Manager, Town Services, Tata Steel and subsequently, on 18.11.2002 a legal notice was served upon the respondent No. 5 namely, Sri Prafulla H. Gandhi, who was the Secretary of the Managing Committee. Aggrieved by the maladministration by the Managing Committee run by the respondent No. 5, a delegation of above named six members of the Managing Committee submitted a representation to the District Superintendent of Education, East Singhbhum regarding the maladministration in the school. Another representation was submitted on 20.02.2003. The District Superintendent of Education, East Singhbhum issued notices on 17.04.2003 to the Secretary of all minority educational institutions including the appellant school to furnish the details of the election of the Managing Committee and some other details. By order dated 04.08.2003 the District Superintendent of Education, East Singhbhum (respondent No. 4) dissolved the Managing Committee of the appellant school and an adhoc Committee was constituted by the respondent No. 4. Aggrieved by the dissolution of the Managing Committee, the appellant school represented by Sri Prafulla H. Gandhi approached this Court in W.P.(C) No. 5773 of 2003 which was disposed of vide order dated 02.12.2003 with liberty to the appellant school and Shree Jamshedpur Gujarati Samaj to file fresh representation before the Director of Primary Education and who was directed to pass a speaking order after hearing the parties. In the writ proceeding Shree Jamshedpur Gujarati Samaj represented through, Shri Chandulal P. Shah claiming himself President of Shree Jamshedpur Gujarati Samaj had filed the intervention application. In the meantime, the Area Education Officer, Jamshedpur had fixed the date of election of the Managing Committee and accordingly, on 02.12.2003 the election was held in presence of the Area Education Officer. In compliance of order dated 02.12.2003 of this Court, the respondent No. 3 heard the parties on 10.03.2004 and passed order dated 11.03.2004 which was challenged by the respondent No. 1Samaj herein.
(3.) In the writ proceeding a counter affidavit was filed on behalf of the respondent No. 5 claiming himself to be the Secretary of Shree Jamshedpur Gujarati Samaj and also the Secretary of Shree Narbheram Hansraj Gujarati M.E. School, Jamshedpur. It is stated that Shri Chandulal P. Shah is not the President of actual Shree Jamshedpur Gujarati Samaj (referred as Gujarati Samaj1) rather, he is the so called president of the parallel body created in the same name (referred as Gujarati Samaj2) with a view to grab the management and control of the school which is being managed by the Gujarati Samaj1. It is further stated that the said Shri Chandulal P. Shah was earlier member of the Gujarati Samaj1 and he was also a member of the Managing Committee however, on 11.07.1998 he resigned from the Managing Committee and subsequently in connivance with other members of the Gujarati Samaj1 and some outsiders who are not the members of the Gujarati Samaj1, the said Shri Chandulal P. Shah formed another body in the name and style of Shree Jamshedpur Gujarati Samaj (referred by the respondent No. 5 herein in his counter affidavit in the writ petition as Gujarati Samaj2). It is stated that in view of letter dated 19.04.1973 of the Director, Primary Education, Government of Bihar and the protection under Article 29 and 30 of the Constitution of India, the State Government has no power to dissolve the Managing Committee and/or to constitute adhoc Committee for minority schools and thus, the order dated 04.08.2003 dissolving the Managing Committee and constituting the working Committee of the School was illegal and without jurisdiction. Supporting the order dated 11.03.2004, it is stated that the writ petition was fit to be dismissed.;