Managing Committee Of Sri Tridandideo Residential Sanskrit High School v. Special Director Secondary Education Bihar
1990-08-16
AFTAB ALAM, S.B.SANYAL
body1990
DigiLaw.ai
Judgment S.B.Sanyal, J. 1. Heard learned Counsel for the petitioner, Private respondent No. 4 and the Advocate-General, as also counsel for the Sanskrit Shiksha Board. 2. We have indicated in our order dated 24-7-1990 that we proposed to dispose of the case under the heading For Orders with the consent of the parties We, therefore, propose to dispose of the matter at this stage. 3. It now appears that the instant institution has been taken over under the provisions of the Bihar Non-Government Sanskrit Schools (Taking over of Management and Control) Ordinance, 1989, (hereinafter referred to as the Ordinance). By virtue of Sec. 3 of the Ordinance Sanskrit Schools have vested in the State Government and the State Government is the only authority to manage and control the institutions. Under Sec. 4 of the Ordinance, the services of those teaching and non-teaching employees of the schools, who have been appointed permantly/temporarily against sanctioned posts, have been transferred to the State Government, but the services of those, who have been appointed on non-sanctioned posts and are not fit or otherwise qualified, would automatically stand terminated. It appears from the provisions of Sec. 5 of the Ordinance that the management and control of the taken over school shall remain under the Director and officers working under him in the manner prescribed by the State Government and the State Government is required to determine the powers and functions of the Director and officers of all ranks working under him and shall issue necessary directions in this behalf to the Director from time to time. Sec. 6 talks about the constitution of the Managing Committee and Sec. 7 deals with the powers and function of such Committee. From the scheme of the Ordinance it is crystal clear that the Director and officers working under him should manage and control the affairs of the instant school which has admittedly been taken over. Learned Counsel for the petitioner states that there is complete vacuum inasmuch as in spite of taking over of the school no body has come forward to feed the hostel students nor any body to look after the work of the school. Therefore, the old managing committee should be allowed to continue for interregnum period till a fresh managing committee is constituted. 4.
Therefore, the old managing committee should be allowed to continue for interregnum period till a fresh managing committee is constituted. 4. Unfortunately, the Ordinance does not provide for an ad hoc managing committee and for the continuance of the old managing committee for any period after coming into force of this Ordinance and there is automatic termination and cessation of the powers of the old managing committee. It is the Director and the officers working under him who are supposed to manage and control the school. 5. Having considered the arguments of learned Counsel for the parties, we direct the Director of Secondary Education (Sanskrit), Government of Bihar, to immediately nominate some officer to look after the management and control of the instant institution and any grievance of any teacher or non-teaching stall should be laid before him. The complaint that respondent No. 4 was not appointed against sanctioned strength and/or he is not qualified and/or otherwise fit for the post will also be determined by the said officer and any person aggrieved with the decision of the said officer will move the Director who will dispose of the matter in accordance with law. We also direct that a managing committee, as envisaged under Sec. 6 of the Ordinance, be constituted preferably within three months from the date of receipt of a copy of our order for smooth functioning and management of the school. 6. For the reasons aforesaid, this writ petition has actually become in fructuous. We, however, give leave to the petitioner to lay its grievance before the officer nominated by the Director and in absence of any nomination, before the Director who will dispose of the matter in accordance with law. The writ petition is, accordingly, disposed of.