School authorities must follow the rules made by the State Government regarding appointment and dismissal of teachers in non-Government High Schools.

1. In this case the petitioner Ram Autar Sharma has applied for a writ under Article 226 of the Constitution for quashing an order dated 27-11- 1956, of the Managing Committee of the Islamia High English School, Sheikhpura, Monghyr, terminating his service as a teacher of the school with effect from 29-11-1956. The order of termination of service is Annexure A to the application and is in the following terms:

Sri Ram Autar Sharma,

No. 386

Assistant Teacher.

Sir,

In compliance of the directions of the Inspector of Schools, Bhagalpore Division laid down in his letter No. 7838 dated 17-11-56 your service as a teacher of this School is terminated with effect from 29-11-56.

Sd/- S.M. Hasan,

Secretary, 27-11-56.

Islamia H.E. School,

Sheikhpura (Monghyr).

The letter of the Inspector of Schools, dated 17-11-1956, upon which the order of dismissal is based, is Annexure A of the counter-affidavit and is to the following effect:

From

The Inspector of Schools, No. 7838

Bhagalpore Division,

To

The Secretary,

Islamia High School, Sheikhpura,

Bhagalpore the 17th November, 1956.

Sir,

I have to state that Sri Ramautar Singh, a teacher of your school is a confirmed member of the C.P.I. as reported by the Police authority. He should therefore be removed from service of your School immediately under Article 357A and report submitted to me for information.

Yours faithfully,

Sd/-. H. Raman,

16-11-1956.

Inspector of Schools,

Bhagalpore Division.

2. The ground upon which this application is based is that the order of termination of service was made without asking the petitioner to show cause or without giving an opportunity of meeting the charge levelled against him. In this connection reference was made by learned counsel on behalf of the petitioner to Rules 12 and 13 of the Government notification dated 7-9-1955, regarding appointment and service conditions of teachers in non-Government High Schools. . Rule 12 states as follows:

"12. The Managing Committee may impose the following punishment on any member of the staff including those on probation after having finally considered his explanation and the charges levelled against him in writing. (i) Warning, (ii) Censure, (iii) Witholding of normal increments, (iv) Discharge, (v) Dismissal. Note: (1) Proceedings are to be started against teachers concerned by the Secretary on the report of the Headmaster, or by the President, on the report of the Secretary, or by the President himself, or by the Managing Committee as a whole. Ordinarily the Managing Committee as a whole has the power to suspend the teacher but in cases of urgency, the Secretary in consultation with the President may suspend a teacher, but this must be approved by the Managing Committee within a fortnight. Charges must be handed to the teacher in writing within two days of the suspension order. The teacher concerned must submit his explanation within 7 days of the receipt of the charges. A meeting of the Managing Committee shall be convened within a fortnight from the date of suspension order, for which a clear seven days notice shall be given to every member. Such meetings should have a quorum of 2/3 of the total number of members (that is 8 members). If the teacher member or the Headmaster himself is involved, he shall not attend the meeting. Orders of discharge or dismissal shall be valid only if they have been passed by the Managing Committee. In no case, however, shall a teacher be kept under suspension for a period exceeding 30 days or in case he has filed an appeal up to two months or till the disposal of his appeal.

Note: (2) During the period of suspension the teacher shall be allowed to draw half his salary plus dearness allowance and upon exoneration, the balance shall be paid to him."

Rule 13 states as follows:

"13. nO order under Rule 12 except that for warning or of censure shall be passed unless (i) regular charges have been framed against the