Managing Committee, Balika Uchaya Vidyalaya, Sahsaraon v. State of Bihar
2012-04-16
NAVIN SINHA
body2012
DigiLaw.ai
ORDER Heard learned counsel for the petitioner and the State. 2. The claim in the writ application is for grant of aid to the Managing Committee of the Balika Uchaya Vidyalaya, Sahsaraon at Siwan. 3. It is submitted that an enquiry has been held and recommendation has been made for release of aid on 9.9.2009. Contrary to the same the aid is released in favour of respondent no. 6. 4. The pleadings of the writ application in Paragraph Nos. 16, 17 and 21 more than adequately reflects a serious controversy between rival competing faction both claiming to be the valid Managing Committee of the school. The counter affidavit of the State reflects that in the rival competing claims, the State had an enquiry done through the District Programme Officer on 13.9.2011 who has submitted a report on 14.9.2011 that the Managing Committee represented by respondent no. 6 was the valid and genuine Managing Committee. 5. The rival competing claims by the petitioner and respondent no. 6 both claiming to be the genuine Managing Committee is a purely private dispute fully amenable to civil proceedings under Section 9 of the C.P.C. for declaration which is the proper Managing Committee. Evidence shall be led both oral and/or documentary in support of their respective claims. Once a determination is arrived at and a Court of law pronounces which is the genuine Managing Committee, naturally the State has to act in accordance with the same while granting aid. 6. The counter affidavit on behalf of the District Programme Officer Establishment ( Education) in Paragraph-3 in no uncertain terms acknowledges a dispute between two rival faction both claiming to be the Managing Committee. It further states that this dispute has disturbed the functioning of the school due to which payments of teaching and non-teaching staff have been affected. Disbursement of aid by the State is done from public funds. The State is expected to act prudently and be circumspect while releasing aid to ensure that it is utilized properly through a proper Managing Committee and that public funds are not frittered away. If controversy arises with regard to the misuse of the funds in the nature of the controversy presently noticed individual liability of the officials of the State and not simply institutional liability may also arise for consideration. 7. The writ application stands disposed.