A writ petition against a Committee of Management of an institution recognized by CBSE under Article 226 of the Constitution of India is maintainable only when it has violated any statutory provision, failed to perform its public duty or obligation imposed by it under the Constitution/government Orders.

( 1 ) THE petitioner is challenging the validity of the order of transfer dated 17. 6. 1997, transferring him from D. A. V. Public School, Rejendra Nagar, Shahibabad, district Ghaziabad to D. A. V. Public School situate in Bihar, passed by the D. A. V. College Managing Committee, Chitra gupta Road, New Delhi, under the signature of its Director.

( 2 ) DAYA Nand Angio-Vedic College Trust and Management Society, New Delhi is a registered society under the provisions of Societies Registration Act, 1860. The Society is running about 600 educational institutions all over India, The Society has a Managing Committee known as the management Committee of Daya Nand Anglo-Vedic College Trust and Management Society, new Delhi (in short the managing Committee ). It has the Institution at Shahibabad known as d. A. V. Public School, Rajendra Nagar, Shahibabad, district Ghaziabad (in short the School ). In the Year 1984 the Managing Committee advertised the post of Principal inviting applications from prospective candidates for appointment on the post of Principal of the School. The petitioner applied for appointment and he was selected. The Managing Committee under the signature of Organising Secretary, dated 25th July, 1984, appointed the petitioner on the post of principal. The petitioner was offered appointment on certain in terms and conditions. The petitioner accepted these conditions. He was then appointed as principal of the School.

( 3 ) THE Managing Committee applied for affiliation to the Central Board of Secondary Education (in short C. B. S. E. ). It granted affiliation to the School in the year 1986. It framed Affiliation bye-laws which came into force on 28. 1. 1988. On 17. 6. 1997 the petitioner has been transferred from D. A. V. Public School, Shahibabad, district Ghaziabad to D. A. V. Public School situate in bihar and Sri O. P. Mehta has been posted as Principal of the Institution at Shahibabad on transfer.

( 4 ) ONE of the basic questions is as to whether the writ petition is maintainable against the order passed by Managing Committee. It depends upon the question whether it is a statutory body and secondly whether it has violated any statutory provision while passing the impugned order of transfer.

( 5 ) SRI A. K. Yog, learned Counsel for the petitioner has traced the history of establishment of c. B. S. E. The Government of India passed a resolution dated 1st July, 1929 which was published in the Gazette of India on November 16, 1929, for establishment of an organisation to supervise and regulate High School Education of Rajputana including Ajmar, Mewar, Central India and gwalior. It provided for Constitution of a Board and its functions. A copy of the resolution has been annexed as Annexure-1 to the writ petition. The resolution itself does not indicate under what provision this resolution was passed.

( 6 ) LEARNED Counsel for the petitioner has placed reliance upon Section 71 of the Government of india Act, 1919. Sub-section (1) of Section 71 of this Act provides that Local Government of any part of British India to which the Section for the time being applies, may propose to the governor General in Council the draft of any regulation for the peace and good Government of that part with the reasons for proposing the regulation. Sub-section (2) provides that the governor-General in Council may take any such draft and the reasons into consideration and when any such draft has been approved by the Governor-General, it shall be published in the gazette of India and in the local Official Gazette, if any, and shall thereupon have the like force of the law and be subject to the like disallowance as if it were an Act of the Indian Legislature.

( 7 ) THERE is nothing to show that any Local Government of any part of British India proposed to the Governor general in Council the draft of any regulation for the peace and good Government. The notification dated 11th November, 1929 which has been annexed by the petit