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1987 Supreme(Pat) 186
HIGH COURT OF PATNA
S.B. Sinha, J.
Chandra Nath Thakur - Petitioner
Versus
Bihar Sanskrit Shiksha Board and others - Respondents
CWJC 5829/87
Managing Committee Shri Bhagirat Madhyamik Sanskrit Vidyalaya and another - Petitioners
Versus
The State of Bihar and others - Respondents
Civil Writ Jurisdiction Case No. 5340 of 1987 with Civil Writ Jurisdiction Case No. 5829 of 1987
Decided On : 25.5.1988
For Petitioner: M/s Dr. Sadanand Jha, H.C. Mishra and Asim Jha
For Respondent no. 4: M/s Rajendra Singh, Dhirendra Kumar Jha.
For Respondent Board: M/s Dinesh Charan, Amaresh Kumar Lal & Subhash Kishore Verma
For State : Mr. Ramanandan Prasad, Standing Counsel IV
For Petitioner: Mr. Dhirendra Kr. Jha.
For Respondent no. 4: M/s Dr. Sadanand Jha & H.C. Mishra.
For Respondent Board: M/s Dinesh Chandra and Amaresh Kumar Lal
Headnote:
BIHAR SANSKRIT SHIKSHA EDUCATION BOARD ACT, 1981 - SECTION 6(2) - CONTROL OVER SANSKRIT EDUCATION - POWER TO APPROVE OR DISAPPROVE DISCIPLINARY ACTION - MANAGING COMMITTEE OF SCHOOL - POWER TO TERMINATE SERVICE OF TEACHER - JURISDICTION OF BOARD TO SET ASIDE ORDER OF TERMINATION - WRIT OF MANDAMUS - AGAINST MANAGING COMMITTEE OF PRIVATE INSTITUTION - MAINTAINABILITY.
Fact of the Case:
The petitioner, a teacher of a Sanskrit school, was dismissed from service by the Managing Committee of the school. The petitioner challenged the order of dismissal before the Bihar Sanskrit Shiksha Board (the Board), which directed the Managing Committee to pay the petitioner's salary. The petitioner filed a writ petition in the High Court challenging the Board's order, while the Managing Committee filed a writ petition seeking to quash the Board's order and to uphold the order of dismissal.
Finding of the Court:
The High Court held that the Board did not have the power to approve or disapprove disciplinary action taken by the Managing Committee against a teacher. The Court held that the Board's power to control Sanskrit education did not extend to the power to control the institutions themselves. The Court also held that the Managing Committee of the school had the power to terminate the services of the petitioner and that the Board had no jurisdiction to set aside the order of termination. The Court further held that a writ of mandamus could not be issued against the Managing Committee of a private institution.
Issues: 1. Whether the Bihar Sanskrit Shiksha Education Board had the power to approve or disapprove disciplinary action taken by the Managing Committee of a Sanskrit school against a teacher? 2. Whether the Managing Committee of a Sanskrit school had the power to terminate the services of a teacher? 3. Whether the Board had the jurisdiction to set aside the order of termination passed by the Managing Committee? 4. Whether a writ of mandamus could be issued against the Managing Committee of a private institution?
Ratio Decidendi: 1. The Board's power to control Sanskrit education did not extend to the power to control the institutions themselves. 2. The Managing Committee of the school had the power to terminate the services of the petitioner. 3. The Board had no jurisdiction to set aside the order of termination passed by the Managing Committee. 4. A writ of mandamus could not be issued against the Managing Committee of a private institution.
Final Decision: The High Court dismissed the petitioner's writ petition and allowed the Managing Committee's writ petition, quashing the Board's order and upholding the order of dismissal.
S.B. Sinha, J.
These two writ applications were taken up for hearing together and are being disposed of by this common judgment.
2. The facts of the case lie in a very narrow compass.
3. In village Chainpur situated in the district of Saharsa, there exists a Sanskrit School known as Shri Bhagirat Sanskrit Vidyalaya. The school was established on the 2nd January, 1941 as a Sanskrit Tol. By reason of an administrative circular, the Bihar Sanskrit Shiksha Parished was established. The Education Department of the State of Bihar issued a notification dated the 20th November, 1976, purporting to lay down condition of service relating to teachers and non-teaching staff employed in the Non-Government Sanskrit High Schools, in the State of Bihar. The said purported rules are known as the Bihar State Non-Government Sanskrit High School (Conditions of Service) Rules, 1976. At this stage, it is necessary to mention that the said rules were not issued by the State of Bihar in terms of provisions of any statute.
However, by Act VI of 1960, the legislature enacted Kameshwar Singh Darbhanga Sanskrit University Act. In terms of section 44 of the said Act, the Bihar Sanskrit Association was dissolved and its power and duties relating to tol were to be exercised by the aforementioned University. The tols which came within the purview of the aforementioned Act were to be recognised by the State of Bihar.
4. In or about the year 1978, the petitioner of C.W.J.C. No. 5340 of 1987 (Chan-Nath Thakur) was appointed as a teacher of the aforementioned school. With effect from the 1st April, 1980, the school was recognised. The said school became an inter-college one and was recognised by the aforementioned University. On or about the 22nd August, 1981 the said school was recognised by the State of Bihar as a private Sanskrit High School and not as a Government School.
5. Against Shri Thakur, a police case bearing no. 043 was instituted on the 11th November, 1983, and a non-bailable warrant of arrest was issued against him. The Managing Committee of the aforementioned school has alleged in C.W.J.C. No. 5829 that besides the aforementioned case, various other cases were also pending against Shri Thakur and in these cases also warrants of arrest were issued against him. The Managing Committee of the said school in its meaning held on the 19th July, 1984, adopted a resolution placing Shri Thakur under suspension and also initiated a departmental proceeding against him. On the 21st July, 1984, Shri Thakur was asked to show cause but no show cause was filed by Shri Thakur within the period prescribed therefor in the notice whereafter in a meeting held on the 4th August, 1984, the Managing Committee resolved to give one more chance to Shri Thakur to show cause. In the said resolution, it was decided that two additional charges would be framed against Shri Thakur and the same communicated to him.
6. In the meanwhile, it is pertinent to mention that the Governor of Bihar in exercise of his powers conferred upon him under section 213(1) of the Constitution of India has promulgated various Ordinances known as Bihar Shikaha Education Board Ordinance, 1980. The Legislature of Bihar thereafter enacted Bihar Sanskrit Shiksha Education Board Act, 1981 (Bihar Act XXXI of 1982) which came into force with effect from the 24th January, 1982 (hereinafter referred to for the sake of brevity as the 'said Act'). The Bihar Sanskrit Shiksha Board which was initially constituted under the provisions of aforementioned Bihar Sanskrit Shiksha Education Ordinance, 1980, by an order dated the 8th September, 1984, sought to dissolve the Managing Committee of the aforementioned school and constituted an ad hoc committee in relation thereto. On the same day, i.e., on the 8th September, 1984, the Chairman of the Board set aside the order of suspension of Shri Thakur which was passed against him in the manner as stated hereinafter.
7. On the 20th September, 1984, the Managing Committee of t
