S. ZIAULLAH Vs. SRI R.S. SENAPATI AND ORS.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by one of the members of the previous Managing Committee of an educational Institution in Cuttack town known as Syed Seminary, against the order of the Inspector of Schools, Central Circle, dated 25 -11 -1957 reconstituting the Managing Committee of the Said School under Article 41 of the Orissa Education Code.

(2.) THE material facts are as follows. Syed Seminary is a Government aided secondary school under the management of a S. Ziaullah v. R.S. Senapati and Ors. Managing Committee. The Inspector of Schools, on receipt of several complaints issued notice to the Managing Committee in his confidential letter No. 9649 dated 19 -12 -1956 (Annexure -H) calling upon the Committee to show cause why it may not be dissolved and reconstituted in terms of Article 41 of the Education Code. In that show cause notice he has specifically referred to the fact that the students of the School had gone on strike for a short time, that there was some stir among the local public and that a sub -committee appointed by the public had reported that "the institution is deteriorating due to rivalry between the two factions of the Muslim community and also the ultra -communal outlook of the present Managing Committee." The Petitioner and other members showed cause, but the Inspector was not satisfied with the same. Then he consulted the District Magistrate of Cuttack who by his memo dated 23 -11 -1957 suggested that a new Managing Committee may be constituted. That suggestion was accepted by the Inspector of Schools.

(3.) MR . K.S.R. Murty in support of this petition raised two interesting questions: