Untwalia, C. J.

Although the brief of this case is bulky, the facts may be stated in narrow compass, as the point involved is a short one. Sri Ram Niwas Pandey (respondent No.5) was appointed a Headmaster of T.K. Ghosh Academy, Patna, in the, year 1963. Sometime later, he was confirmed. Several charges were framed against him by the then ad-hoc Managing Committee of the School which eventually led to the passing of a resolution dated 3rd September, 1970, a copy of which is Annexure 5 to the writ application. A detailed analysis of the finding arrived at by the Managing Committee is mentioned in Annexure 5. It is not necessary to refer to any of the details in this judgment. Respondent No. 5 was discharged from service by the resolution of the Managing Committee contained in Annexure 5.

2. In the Education Department's notification dated the 7th September, 1965 were incorporated rules 16 and 17 providing for the filing of an appeal by the discharged teacher of a recognized School. There was also a resolution of the Education Department of the Government of Bihar dated the 2nd April, 1957. As held by the Supreme Court in Dwarkanath Tewari V. State of Bihar, the so-called rules