Anwar Ahmad, J.

This application under Articles 226 and 227 of the Constitution of India is by the President Pandra High School, Poddar Dih, Dhanbad. It is prayed that the order of the President Board of Secondary Education (hereinafter referred to as the President of the Board), dated the 30th November, 1973, contained in Annexure 6, be quashed. It is further prayed that the President of the Board (respondent No.1) be restrained from enforcing his order contained in the said annexure, reinstating respondent No.4 to work as the Headmaster of the said High School.

2. It appears that respondent No.4 was appointed as the Headmaster of the Pandra High School in the year 1955 but as he did not function properly in that capacity, a number of charges were framed against him by the Managing Committee of the school on the 15th September, 1970, and later on by its resolution,-" dated the 27th September, 1970, respondent No.4 was suspended. A sub-committee was formed to enquire into the allegations made against respondent No.4, and he was asked to appear before it and to explain his conduct which he refused to do. The sub-committee submitted its report on the 7th October, 1970, for taking necessary action against him. As respondent No.4 did not submit any explanation nor respond to the letters of the Managing Committee, he was discharged from service by the resolution dated the 24th October, 1970, passed by the Managing Committee. Against the order of discharge, respondent No. 4 filed an appeal to the President of the Board. The Regional Deputy Director of Education was authorised by the President of the Board to hear the appeal and submit his report. Accordingly the Regional Deputy Director heard the appeal and submitted his report on the 16th October, 1973. This report was placed before the President of the Board, who, agreeing with the recommendation made by the Regional ; Deputy Director, reinstated respondent No.4, as Headmaster of the Pandra High School by his order dated the 30th November 1973. AM already indicated, this writ application has been filed by the President of the Pandra High School Managing Committee against the said order of the president of the Board.

3. It will not be necessary to go into the merits of the application in view of the fact, as it appears to me, that this application on behalf of the President of the Managing committee is not maintainable. Rule 31, sub-rules (1) and (2), Clause (xix), of the Bihar High Schools (Constitution, Powers and Functions of the Managing Committee) Rules, 1964 (hereinafter referred to as the Bihar High Schools Rules), framed under the Bihar High School (Control and Regulation of Administration Act, 1960 (Bihar Act XIII of 1960), runs as follows ;

"31 (1) A Managing committee shall have all powers and shall exercise all functions which may be necessary for the proper management and administration of the school.

(2) In particular and without prejudice to the generality of the powers, conferred on it under sub-rule (1), a Managing Committee shall have the powers.

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(xix) To sue and defend all legal proceedings on behalf of the school;

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It is thus clear that the right to sue or to defend a legal proceeding vests in the Managing Committee. In fact, rule 31, sub-rules (1) and (2) of the Bihar High Schools Rules deal with all the powers which a Managing Committee is made to possess. There is no mention, anywhere that any right of the Managing committee shall vest in the President. I am conscious of rules 33 (2) of the Bihar High schools Rules which provides for delegation of power of the Managing Committee to the President with regard to conduct of business alone. So far as the present application is concerned, it is not mentioned anywhere that the Managing committee by its resolution: has delegated its powers to the President -as contemplated in the aforesaid rule 33 (2). Therefore, the petitioner, who is the President, cannot by way of delegation claim the powers of the Ma