1. This is an application under Articles 226 and 227 of the Constitution of India by the Managing Committee of Rama Nand Uchch Vidyalay for issuing a writ quashing the order passed by the Chairman of the Bihar Secondary Education Board (hereinafter called the Board) derecognising the said school.

2. It is said that the school was recognised for imparting education upto the matriculation standard. The Headmaster of this school, one Ramashrey Singh was, however, found to have defalcated some amount belonging to the school and was dismissed on that account. His dismissal was approved by the Education authorities and ultimately he started another school bearing the same name as the petitioners school. He also manipulated things and brought into collusion the officers of the Board and ultimately got the order withdrawing recognition of this school and for recognition of his own school. It is further said that in this background a notice was sent to the petitioner containing certain charges and calling upon it to meet them. Enquiry was made into this matter by the Block Education Extension Officer who found the allegations to be wrong. Yet, the Chairman of the Board passed the order contained in Annexure-2 dated the 22nd of March, 1975, by which he withdrew recognition of this school and permitted the school started by the aforesaid Ramashrey Singh to function and the question of its recognition to be taken up.

It is also said that the Chairmans order purported to be under Sec.31 (2) of the Bihar Secondary Education Board Ordinance, 1974, (Bihar Ordinance 112 of 1974), hereinafter to be referred to as the Ordinance, and hence an appeal was filed by the Managing Committee of the school as provided in Sec.31 (3) of the Ordinance. But the Government not having appointed any authority to hear the appeal, it has not been heard and in spite of a reminder and a legal notice served on the Government to dispose of the matter, it has not been done and, therefore, the petitioner had no remedy but to come to this Court. Hence, the present application.

3. Learned counsel for the petitioner raised two points before me - firstly, that under the Ordinance the Chairman had no jurisdiction to withdraw the recognition granted to the school, the power being exercisable by the Board and not by him and, secondly, that the order is mala fide at the instance of Ramashrey Singh who was heard in respect of the matter and influenced the decision of the Chairman.

4. On the other hand, it has been contended on behalf of the Board that the present application is not maintainable as the appeal before the Government is still pending secondly, that the question of mala fide cannot be gone into in the absence of Ramashrey Singh who has not been impleaded in this petition and, thirdly, it has been said that the decision was that of the Board and not of the Chairman.

5. It appears that the question of maintainability depends upon the question as to whether there was a competent appeal and the decision on this question depends upon the answer to the question as to whether the decision was that of the Board or of the Chairman. I will, therefore, first address myself to this question. When the writ application was heard the other day, counsel for the Board was not in a position to say as to whether the decision was that of the Board or of the Chairman by virtue of any delegation of authority to the latter. Since then a supplementary affidavit has been filed, in which it is said that the decision was taken by the Board itself. Along with the supplementary affidavit copy of a resolution passed by the Board on the 5th of September, 1974, has been produced. It reads as follows:-

"Ramanand Uchch Vidyalay, Rampur Pratapur (Chapra) kee samasya tatha shikshakon ke betan bhugtan ke prashn par vichar kiya gaya. Is sambandh me nimnankit nirnaye liye gaye:-

1. Adhyadesh kee dhara 31 (2) ke anusar purane vidyalaye Rampur Pratappur kee swikriti wapas karne ke sambandh me karra