MD ABU SAYEED AHMAD KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case, the petitioners have obtained a rule from this Court directing the respondents to snow cause why a writ in the nature of certiorari quashing the letter of respondent No. 2, the Secretary, Board of Secondary Education, Bihar, as contained in Annexure 'A' should not be issued under Article 226 of the Constitution and also for a writ in the nature of mandamus commanding respondents 3 to 5 not to take over charge of the school named Muslim High School, Bhagalpur.

(2.) Cause has not been shown by the respondents, to whom notices of the rule were ordered to be given.

(3.) The Muslim High School was founded by one late Qazi Mohammad Zafar sometime in the year 1938 in which only Muslim students were admitted. Subsequently, the number of students increased, and more teachers were appointed and it was affiliated up to the Matriculation standard in the year 1941. Sometime in the year 1943, the Muslims of Bhagalpur at a meeting decided to reorganise the said school under the Presidentship of late Syed Abul Hasan, Barrister -at -law. In the year 1964, the Board of Secondary Education, Bihar, started taking interest in the internal administration and the management of the. school. On the 10th January, 1965, the Managing Committee by its resolution decided that since it was a minority school, the authorities had no justification to interfere with the affairs of the said school and a copy of the resolution was sent to respondents 2 and 3 and others. It appears that a series of correspondence passed between the said school and the authorities, and, as a result, on the 7th February, 1965, the Managing Committee was reconstituted and five more members were elected to the said Committee. On the 18th December, 1965, the Managing Committee was again reconstituted; and, a deputation on behalf of the committee met the Education Minister, Bihar, and placed all the facts before him. On the 25th January, 1968, the Managing Committee was again reconstituted, and, petitioner No. 1 Md. Abu Sayeed Ahmad Khan became the President and petitioner No. 2 Md. Mansur Khan was appointed the Secretary of the said school. On the 3rd February, 1966, respondent No. 2, the Secretary, Board of Secondary Education, Bihar, by his letter objected to the formation of the new Managing Committee without the permission of the Board of Secondary Education, to which a suitable reply was sent by the Managing Committee that since it was a minority school, it had every right to expand the Managing Committee of the school.