Sarwar Ali, J.

1. The petitioner is the Secretary of the Managing Committee of the Town High School, Hajipur, in the district of Muzaffarpur. He is also, according to the averment in the petition, entitled to be declared as a life member and donor, although, there has been no declaration in that regard as yet. The Managing Committee of the school, it appears, was completely constituted on 16-5-1969. On 14-6-1972, the petitioner received an order dated 8-6-1972, passed by respondent No. 1. A copy of the said order is annexure 1 to the writ application. The annexure in question constitutes an ad hoc committee for the management of the school. The view of the authorities is that after the expiry of three years from the constitution of the managing committee, the managing committee ceases to have legal existence, if a new managing committee has not been duly constituted. In that situation the President of the Board of Secondary Education has authority to constitute an ad hoc committee to carry on the management of the school. It was on the basis of this view that the order contained in the impugned annexure was passed.

2. Learned counsel for the petitioner contends that Sec. 5