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K. VINOD CHANDRAN, PARTHA SARTHY
Bhola Yadav Son of Sri Ram Prakash Yadav – Appellant
Versus
State of Bihar through the Principal Secretary, Education Department Government of Bihar, Patna – Respondent
JUDGMENT :
K. Vinod Chandran, CJ.
The petitioners are the Chairman and Members of the Sanskrit Education Board (for brevity ‘the Board’) constituted under the Bihar Sanskrit Education Board Act, 1981 (for brevity ‘Act of 1981’); which Board stood dissolved on the amendment of the Act of 1981 by the Bihar Sanskrit Education Board (Amendment) Act, 2024 (for brevity ‘the Amendment Act’). The vires of the Amendment Act is challenged, on grounds of it being violative of Article 14 of the Constitution of India & contrary to the purpose of the main Act.
2. Shri Y.V.Giri, learned Senior Counsel appearing for the petitioners, took us through the Act of 1981; especially the establishment and constitution, by way of Section 3 and Section 4, the term of office, which is specified to be a period of three years, with effect from the date of the respective appointment or nomination. Section 9 delineates a procedure for removal of the Chairman and Section 25 deals with dissolution of existing Bihar Sanskrit Education Board. The transitory provision under Section 26 provides for the Chairman and ex-officio members constituted in the Board to continue till a Board is duly constituted in accordance with
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