Research › Search › Judgment

Patna High Court · body

2008 DIGILAW 953 (PAT)

Rajyashree Singh v. State of Bihar

2008-07-15

NAVIN SINHA

body2008
ORDER Heard the learned Counsel for the petitioner, learned Counsel for the Bihar School Examination (Senior Secondary) Board who also represents the erstwhile Bihar Intermediate Education Council, learned Counsels for the respondents 9, 11 and 12. No one appears on behalf of the Department of Higher Education, Government of Bihar. 2. In view of the nature of the order proposed to be passed, this Court considers it proper to state only the facts of the case to the extent necessary. 3. Shahid Shashi Prasad Singh Inter College, Shambhuganj at Banka was established in the year 1979. It was granted affiliation under the Bihar Intermediate Education Council Act, 1992 (hereinafter referred to as ‘the Act’). A Governing Body of the College was constituted under Section 44(1) of the Act on 23.9.1994, at Annexure 4. The name of the petitioner figured in the same as one of the doner members. Under Section 44(2) of the Act read with the Bihar Intermediate Education Council (Establishment and Examination) Rules, 1994 (hereinafter called ‘the Rules’) the term of this Managing Committee was for three years. It is not in controversy between the parties that this Managing Committee ran its full term without being questioned or annulled. 4. Notwithstanding that the term of this Managing Committee lapsed on 22.9.1997, it was only as late as 27.6.2003 that an ad hoc managing committee came to be constituted at Annexure 1 which is the subject matter of this writ application and its action in appointing respondent no. 9 on the post of Principal. 5. The larger issue sought to be raised on behalf of the petitioner that the constitution of an ad hoc committee was confined to the initial stage at the time of grant of affiliation only till the constitution of a managing committee, and that the Act or the Rules did not provide for constitution of any ad hoc committee thereafter but only a managing committee, is not necessary for consideration at this stage. In any event even this ad hoc committee dated 27.6.2003 cannot have a life longer than that of a managing committee under the Act. 6. The constitution of an ad hoc committee is provided for in Rule 8(17) of the Rules. It is not in controversy that no co-option ever came to be made to this ad hoc committee under Rule 8(17)(e). 6. The constitution of an ad hoc committee is provided for in Rule 8(17) of the Rules. It is not in controversy that no co-option ever came to be made to this ad hoc committee under Rule 8(17)(e). The power of such co-option under the Rules vests only in the persons described in Rule 8(17)(a) & sub-clause (d). The order constituting the ad hoc committee dated 27.6.2003 confers this power of co-option beyond the statutory provision including persons other than in Sub-clause (a) and (d). 7. The Bihar Intermediate Education Council has since been dissolved. The power to grant affiliation or to withdraw the affiliation now vests in the Board under the Bihar School Examination (Senior Secondary) Board Act, as amended from time to time, (hereinafter referred to as ‘the BSEB Act’) under Sections 10B and 10C. 8. The Chairman of the erstwhile Council approved the appointment of Respondent no. 9 as Principal of the College, in anticipation of the approval of the Council. This condition never came to be fulfilled. The approval of the Council remained elusive. 9. The provisions of the Bihar Intermediate Education Council Act appear to have been observed and implemented more in its breach than in compliance thereof by those responsible for its implementation. The it necessary to enforce the law by requiring constitution of a fresh managing committee. An ad hoc committee constituted by the Council in 2003 has been permitted to have a life beyond that of the managing committee, if at all an ad hoc committee could be constituted and managing committee lost its validity in September 1997. The Council did not consider was in fact constituted in law. The situation suited everybody except perhaps the students of the College. 10. The unsavoury controversy with regard to the management of the College is bound to have its fall out on the academic environment of the College affecting the students and the academic environment. The Court therefore considers it proper in the larger interest of the students of the College to direct the Board to exercise its powers under Section 10(b) and 10(c) of the BSEB Act with regard to the institution in question and the constitution of a regular managing committee as also the actions of the ad-hoc committee. The Court therefore considers it proper in the larger interest of the students of the College to direct the Board to exercise its powers under Section 10(b) and 10(c) of the BSEB Act with regard to the institution in question and the constitution of a regular managing committee as also the actions of the ad-hoc committee. It would be shall open for it to seek appropriate directions from the State Government under Section 22 of the Act so that the career of the students undergoing education in the College is not jeopardized. 11. Such decision must be taken by the Board and the State Government within a maximum period of three months from the date of receipt and/or production of a copy of this order after hearing all concerned. To enable the College to function, the Court directs that during this period of three months the ad hoc committee of 27.6.2003 shall continue as a trustee of the College and shall strictly only perform routine functions, and shall not take any policy decisions and all financial expenditure and disbursement shall be made by it only after approval by the Chairman of the Board. 12. The ad hoc committee dated 27.6.2003 shall loose its validity after this period of three months or on an earlier decision/action of the board/Government as the case may be. The writ application stands disposed.