NAND KISHORE PRASAD MANDAL Vs. PRESIDENT, BIHAR SECONDARY EDUCATION BOARD AND OTHERS

JUDGEMENT

(1.) The petitioner no. 1, a teacher in the High School, Madhepura, has prayed for quashing of the order as contained in Annexure 8 to the writ application passed by the Bihar Secondary Education Board, Respondent no. 3, on 4.11.1975. The petitioner no. 2, who was the Secretary of the Managing Committee of the school, has joined him in the case. Admittedly, late Shri Lala Surendra Prasad was the Headmaster of the school who died on the 2nd October, 1974, According to the case of the petitioner, the Managing Committee of the school by its resolution dated 17.10.1974, as contained in Annexure 1 to the writ application, substantively promoted him to the post of the Headmaster. The petitioner no. 2, the Secretary, according to the further case in the writ application, wrote to the respondents for approval of the appointment as resolved in Annexure 1. The respondent no. 2, the Secretary of the Education Board, directed the petitioner no. 2 to maintain status quo, but when clarification was sought for of the order, the respondent no. 2 informed, by the letter as contained in Annexure 2 to the writ application dated 12.11.1974, that the petitioner no. 1 would continue as the Headmaster, pending the final appointment in that post. The petitioner no. 1 accordingly acted as the Headmaster from 17.10.1974 until the impugned order in Annexure 8 was passed. In the writ application, several other facts are mentioned, but Mr. Balabhadra Prasad Singh, learned counsel for the petitioners, while making his argument, stated that those facts are not material for the purposes of his argument and he was, therefore, not placing them. By his order contained in Annexure 8, the Board has directed that pending final appointment of the Headmaster of the School, Respondent no. 4 would be the acting Headmaster and the order as contained in Annexure 2 passed in favour of the petitioner no. 1 was cancelled.

(2.) Before proceeding further, it would be useful to mention the relevant statutory provisions which have been referred to and relied upon by the learned advocates for the parties. In 1960, the Bihar Legislature passed Bihar High Schools (Control of Administration) Act, 1960 to control and regulate the administration of private High School in the State. The Act was a short one having only 10 Ss. and Sec. 3 provided for establishment of a Board of Secondary Education. Sec. 5 said that there would be a Managing Committee for every school. Sec. 8 bestowed, on the State Government, the power for making rules for carrying out the purposes of the Act. In 1972, the Government framed the Bihar High Schools (Conditions of Service) Rules, 1972 (hereinafter referred to as the Rules). The power to appoint teachers including the Headmaster was vested in the Managing Committee of the school under Rule 4. On the 21st May, 1974, the 1960 Act was replaced by an Ordinance being Ordinance no. 112 of 1974 and since then a number of ordinances have been passed from time to time. On the 22nd July, 1974, Ordinance 153 of 1974 was passed and remained effective till 14th January, 1975 when it was replaced by another ordinance. The interpretation of some of the provisions of ordinance no. 153 of 1974 has been the subject of a serious controversy in this case. On the 22nd April, 1976, Ordinance no. 124 of 1976 came into force and the parties have referred to some of the Ss. of the Ordinance also. It may, however, be stated here that except some small changes, the contents of the ordinances have remained similar.

(3.) The original text of these ordinances as well as of 1972 Rules has been in Hindi, but both sides have referred to the English translation of the relevant provisions, some of which have appeared in the official Bihar Gazette.