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1973 Supreme(Pat) 66

S.N.P.SINGH, SHIVESHWAR PRASAD SINHA
Ram Bilas Ojha – Appellant
Versus
President Board of Secondary Education Bihar – Respondent


Advocates Appeared:
For the petitioners: Messrs L.M. Sharma Janardan Prasad Singh.
For the respondents: Messrs Tara Kant Jha, Kamal Nayan Choubey, Dasrath Sukla and V.K.N. Singh.

JUDGMENT

S.N.P. Singh, J.

This writ application has been filed by two persons. Ram Bilas Ojha (petitioner no. 1) claims himself to be the Secretary and Shrimati Rupawanti Devi (petitioner no. 2) claims herself to be the President of the Managing Committee of Kolhuwa High School in the district of Saran. The petitioners have challenged the validity of the order of the President, Board of Secondary Education, Bihar, appointing an ad-hoc committee for the said school. A copy of the impugned order has been made Annexure ‘l’ to the application.

2. It appears that a Managing Committee for the said school was duly constituted on the 18th of the May, 1969, under the provisions of the Bihar High Schools (Control and Regulation of Administration) Act, 1960 (hereinafter to be called "the Act") and the rules framed there under. It is not disputed that petitioner no. 1 was declared to be a life member of the said school and he was elected as the Secretary. Petitioner no. 2 was subsequently elected as the President of the said school sometime in the year 1971 after the transfer of the Block Development Officer. The duly constituted Managing Committee of the school was functioning when' on the 13th














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