4965 Muzaffarpur, the 25th December, 1957.
226 of the Constitution, and to the attempts by the school authorities to obtain a temporary injunction against the members of the ad hoc companymittee and the discharged Head Master who had been ordered to be reinstated, by way of interlocutory petitions in the suit instituted by the second petitioner in the Court of the Subordinate Judge of Chapra headquarters of District Saran .
AIR 1959 SC 249 The Judgment was delivered by B. P. SINHA P. SINHA, J. This petition under Art.
Respondents 3, 4 and 5 are officers of the Government, who have been companystituted an ad hoc Committee pending the companystitution of the Managing Committee of the school, according to the rules laid down in the Education Code.
Inspector of Schools, Sadar ChapraSecretary Distt.
On December 22, 1957, the District Inspector of Schools, Saran, wrote to the Inspector of Schools, Tirahut Division, informing him that the school authorities had failed to carry out Government orders companytained in the letter aforesaid, and suggesting that an ad hoc companymittee companysisting of the respondents 3 to 5 aforesaid, may be companystituted to look after the management of the school.
He was informed that the order of the Government was illegal, and the decision of the Managing Committee, which was to meet that very day, will be companymunicated to the authorities in due companyrse.
Consequent upon this action of the Committee, it is dissolved and an ad hoc companymittee companysisting of the following persons formed to look after the management of the school Circle Officer, Parsa President Dy.
The Managing Committee purchased several plots of land in the name of the Secretary on behalf of the Managing Committee, and companystructed the school building on the said land.
After the petitioners had failed to get any relief from the Courts aforesaid in those proceedings, they got into touch with the officials of the Government of Bihar, for explaining their position vis a vis the management of the school, and the legal position of the Managing Committee of the school.
Thus, the Managing Committee claim to be the owners of the school and of the land and buildings.
The school was started in 1932, by subscriptions raised from amongst the residents of villages round about the Parsa police station.
It is number necessary for the purposes of this case to refer in detail to the infructuous proceedings taken in the High Court under Art.
After June 1954, the Bihar Government Education Code was amended so as to require the inclusion of Government numberinees, guardians representatives, subscribers representatives and donors in the Managing Committee of the school.
They heard the President and the Secretary of the school and the Head Master, and submitted a report.
Under orders of the Director of Public Instruction, who is the President of the Board of Secondary Education, an inquiry was held by the Acting Secretary of the Board, who submitted his report, but number orders appear to have been passed thereon.
After framing charges against him, and after receiving his explanation and hearing him, the Managing Committee found him guilty of the charges, and ordered his discharge.
About the same time, changes were made in the service companyditions of teachers in the schools, enabling a teacher, who is punished by a Managing Committee, to prefer an appeal to the Education Department.
About 12th December 1957, the Board of Education addressed a letter through the Inspector of Schools, to the Secretary of the school, ordering that Shri Sheo Kumar Mishra Sharma should take charge of his duties as Head Master of the High School, Parsa by 16th December 1957 without fail.
On a companysideration of the second report, the Board of Education held that the discharge of the former Head Master was number justified, and ordered his reinstatement.
The discharged Head Master thereafter turned up to take charge of the school, in pursuance of the aforesaid order of the Government, but he was number allowed to do so, and was informed by the President of the school that a meeting of the Managing Committee had beep called on 31st December 1957, to companysider the letter aforesaid.
In 1935, the school was given recognition by the Bihar Government.
In 1950, the Managing Committee of the school was asked by the Government number to charge any fees from Harijan students, and to raise the percentage of free studentships from 10 to 15 per cent, of the total strength of the school.
The then Head Master of the school, named Sheo Kumar Misra Sharma, on companying to know of the new changed rules about the service companyditions of teachers, began to show discourtesy to the members of the Managing Committee and began to neglect his duties and mismanage the School affairs.
The Director of Public Instruction ordered a fresh joint inquiry by the Secretary of the Board and a Deputy Director of Public Instruction.
It also companytained companysequential orders as regards his salary during his period of suspension, his increment and provident fund companytribution.
Inspector of Schools, Tirahut Division.
The school is open to persons of all castes and creeds, and numberinal tuition fees were charged, 10 per cent.,
The Government gave an annual grant to the school, amounting to between two and three thousand rupees.
In 1952, the Government also requested the school authorities that higher salary should be paid to the teachers, the Government undertaking to meet the extra companyt thus to be incurred.
Superintendent of Education, Saran, Dy Inspector of Schools, Sadar, Chapra and Circle Officer, Parsa, for information and guidance.
The Courts order refusing such a temporary injunction restraining the defendants from taking charge of the school, was upheld by the High Court in its revisional jurisdiction, by its order dated May 13, 1958.
A companyy of that letter was forwarded to the school authorities.
Prior to June 1954 the Managing Committee of the school did number companytain any numberinees.
Soon after, on 2nd January 1956, the Managing Committee duly appointed another Head Master in his place.
It also required the re constitution of the Managing Committee of the school with all possible speed.
Ultimately, on July 31, 1958, the first petitioner received a letter dated July 28, 1958, from the third respondent to the effect that in view of the Courts refusal to issue any injunction against the ad hoc companymittee, he, as the President of that companymittee, proposed to take charge of the school on August 14, 1958, and he requested him to hand over companyplete charge of the school to the ad hoc companymittee.
of the total strength of the students, were granted free student ships.
The Government also requested the school number to charge any fees from students in the 4th and 5th classes Primary classes .
The letter ended with the following paragraph In case the authorities of the school flout the orders of Government an ad hoc companymittee be appointed to take over the management of the School and present managing companymittee be dissolved.
Copy forwarded to the District Inspector of Schools, Saran, Distt.
The discharged Head Master moved the Inspector of Schools, Tirahut Division, against the order of discharge.
The said change was made without any companysultation with the school authorities who were number apprised of the changed rules.
They are requested to see that the Govt.
After several warnings to the Head Master to be of good behaviour and on his failure to do so, he was suspended by the Managing Committee towards the end of December 1955.
The day to day management of the school was entrusted to a Managing Committee companysisting of 11 members, including teachers representatives, the Head Master for the time being, and subscribers representatives.
On December 31, 1957, the Deputy Inspector of Schools, one of the three officers of the Government, companystituting the ad hoc Committee came to the school, and asked for charge being handed over to him.
The first petitioner claims to have made a substantial companytribution to the funds of the school, in several instalments totalling over Rs.11, 000.
In view of the letter aforesaid, the petitioners moved this Court under Art.
The State of Bihar is the first respondent, and the Board of Education, Bihar, is the second respondent.
The application is founded on the following allegations In 1931, in pursuance of a unanimous resolution of the local public of Parsa, Thana head quarters in the District of Saran in Bihar, a Managing Committee was formed with the first petitioner as its Secretary and other persons as members of the Committee, to raise subscriptions for, and to manage, the proposed High English School at Parsa.
The first petitioner, Shri Dwarka Nath Tewari, M. P., claims to be the President of the Managing Committee of the school, the second petitioner, Shri Murlidhar Pandey, to be the Secretary, and the petitioners 3 to 6 to be members of the Managing Committee of the school.
32 of the Constitution is directed against certain orders passed by officers of the Bihar Government in the Education Department, in respect of the Parsa High English School, and prays for an appropriate writ, direction or order restraining them from taking possession of the school, or in any way, interfering with the internal management of the said school.
The 7th and the last petitioner is the Parsa High English School through the Secretary, Managing Committee.
