V.K. Khanna, C.J. — The present Civil Rule has been filed by the petitioner, Abdul Kadir, praying that the order No.GRN/4/95/215 dated 28.9.95 passed by the Director of Secondary Education, Assam (Annexure XI) be quashed. 2. We have heared Mr. HN Sarma, learned counsel for the petitioner, Dr. YK Phukan, learned counsel for the private respondents arid Mr. B. Banerjee, learned Additional Senior Government Advocate for the State of Assam appearing for the State-respondents. It may also be noted that in this case, in pursuance of our direction, Sri BN Dutta, Deputy Director of Secondary Education, Assam, is personally present and has produced before us the original records pertaining to this case. 3. The brief facts for the purposes of adjudicating the disputes raised in the present Civil Rule are that in the district of Morigaon, admittedly, there is a Girls' High School known as 'Borthal Kacharigaon Girls' High School'. The dispute in this case is regarding the Managing Committee which is entitled to run the affairs of the aforesaid school under the provisions of the Assam Aided Higher Secondary, High & Middle Schools Management Rules, 1976 (hereinafter referred to as the Rules, 1976). Under the impugned order contained in Annexure XI dated 28.9.95, the Director of Secondary Education, Assam, has approved the constitution of the Managing Committee. 4. Mr. HN Sarma, learned counsel for the petitioner, has urged that the aforesaid order of approval which has been passed by the Director of Secondary Education, Assam, is not an independent exercise of his power of approval which has been conferred under the Rules, 1976, but the approval has been given on the'dictates of one of the local MLAs Md. Mujibar Rahman which he has mechanically followed without applying his mind. 5. The original records have been perused by us and the communication sent by the MLA which has been annexed as Annexure X to the Civil Rule by the petitioner is found to be correct as it exists in the original records. Mujibar Rahman which he has mechanically followed without applying his mind. 5. The original records have been perused by us and the communication sent by the MLA which has been annexed as Annexure X to the Civil Rule by the petitioner is found to be correct as it exists in the original records. Admittedly, the order of approval has been passed immediately after the aforesaid communication which had been sent by the aforesaid MLA (contained in Annexure X to the Civil Rule) and on the entire facts and circumstances of the case, we are the opinion that the Director of Secondary Education, Assam, has not exercised his mind independently before granting the approval to the Managing Committee and has acted on the dictates of the aforesaid MLA. 6. Admittedly, in view of the order passed in the earlier Civil Rule, the power of approval had to be exercised by the Director of Secondary Education, Assam, independently and that power could not be exercised on the dictates of the aforesaid MLA. In our opinion, the Director of Secondary Education, Assam, blindly followed the communication sent to him by the aforesaid MLA and treated the same as an order to him and passed the order of approval. 7. In view of what we have said above, the approval granted by the Director of Secondary Education, Assam (Annexure XI) is thus liable to be quashed. 8. The next question which arises for consideration is as to how the affairs of the school should be managed till a Managing Committee is duly constituted under Rule 4 of the Rules, 1976 and approved by the Director of Secondary Education, Assam. 9. We have heard the arguments on this question raised by the learned counsel for all the parties. After taking into account all the facts and circumstances of the case, we are of the opinion that till a Managing Committee is constituted under Rule 4 of the Rules, 1976, the affairs of the school will be managed under the control of the District Inspector of Schools, Morigaon. We issue a Mandamus to the District Inspector of Schools, Morigaon, to get the elections done under Rule 4 (a) (iii), (iv) and (v) within a period of six weeks from today after giving due notice to all the persons who will be entitled to vote under the aforesaid categories. We issue a Mandamus to the District Inspector of Schools, Morigaon, to get the elections done under Rule 4 (a) (iii), (iv) and (v) within a period of six weeks from today after giving due notice to all the persons who will be entitled to vote under the aforesaid categories. The Deputy Director of Secondary Education, Assam, is personally present before us and this order has been dictated in his presence. The Deputy Director of Secondary Education, Assam, will place a certified copy of our order before the Secretary concerned who will get the nomination of the Government done under the category for the post of President under Rule 4 (a) (i) and (vi) so that the aforesaid nomination is also completed within a period of six weeks from today. The District Inspector of Schools will get all the elections done as provided under the provisions of the Rules and will also append a report regarding the holding of election which will be forwarded to the Director of Secondary Education, Assam, within six weeks. The Director of Secondary Education will consider the question of approval of the aforesaid duly constituted Managing Committee within a period of two months independently and strictly in accordance with the Rules. We are also making it clear that for the purposes of running the affairs of the school, it is the District Inspector of Schools, Morigaon, till the new Managing Committee is constituted under Rule 4 of the Rules, 1976, who will be entitled to receive the grants for the purposes of the school. 10. Subject to the aforesaid observations, the present Civil Rule is allowed to the extent indicated above. However, looking to the entire facts and circumstances of the case, the parties shall bear their own costs.