MANOHAR PRASAD Vs. BOARD OF SECONDARY EDUCATION, BIHAR, PATNA & OTHERS

JUDGEMENT

(1.) Whether the Governing Body of a secondary school run by minority community is an authority, within the meaning of Article 12 of the Constitution of India and whether a writ petition can be maintained against it are the primary questions which have been raised for consideration in the present case. The challenge has come as a preliminarY objection raised on behalf of the respondent Managing Committee of Shri Guru Govind Singh High School, Patna City. Identical questions have come for consideration by the Supreme Court in numerous cases against infraction of Article 14 of the Constitution and it has been held that protection is available only against the State and in the case of society only if the society can be shown to be a State. According to Article 12 of the Constitution the 'State' is the Government of India or the Government of a State and "all local or other authorities within the territory of India or under the control of the Government of India". Plainly speaking a Governing Body of a school cannot be equated with Government of India or the Government of any State nor it can be classified as a local authority. If at all it can be said to be 'other authority' to fall within the definition of State. It is well established now that where a Corporation or a like body is an instrumentality or agency of the Government it can be held to be an 'authority' within the meaning of Article 12 and shall be subject to the basic obligations to obey the fundamental rights as the Government. The question came for a pointed consideration in the case of R. D, Shetty v/s. The International Airport Authority of India (A. I. R. 1979 Supreme Court 1622) as to when such a body can be regarded as an 'authority' within the meaning of Article 12. The relevant test gathered from the decision of International Airport Authority (supra) were summarised thus in the case of Ajay Hasia v/s. Khalid Mujib Sebravardi and others (A. I. R. 1981 Supreme Court 487) by Bhagwati J, as he then was.

(2.) In the light of the above observation we have to examine whether the Governing Body of a minority run secondary school, as in the present case, is an authority within the meaning of Article 12.

(3.) The petitioner Manohar Prasad was appointed as an assistant teacher of Shri Guru Govind Singh High School in August, 1960 and claimed to have been confirmed by the Managing Committee of the school on 12.11.1961. Shri Guru Govind Singh High School is a minority institution of the Sikh community and is governed by the Prabandhak Committee, Takht Shri Harimandirji, Patna Sahib. The school was recognised by the Board of Secondary Education, Bihar, Patna in the year 1965 -66. The petitioner was suspended on 15.1.1976 from his service with effect from 16.8.1976 by the Secretary of the school (vide Annexure -1). Some enquiry seems to have been made and ultimately it was found that retention of the petitioner in the service of the school was no longer desirable and the Managing Committee of the school unanimously resolved to discharge him from the service of the School with effect from 4.1.1977 (vide Annexure -2). The petitioner has challenged these two orders contained in Annexures -1 and 2 passed by the Managing Committee of the school as being arbitrary, unjust, mala fide and against the principles of natural justice.