PATNA HIGH COURT ISSUES JUDGEMENT ON NIRMAL KUMAR SINGH V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Sept. 17 -- Patna High Court issued the following judgment on Aug. 18:

Heard the parties.

2. The petitioner claimed himself to be a Head Master of Banwari Singh High School, Rampur, Saharsa, an aided School under the provision of Secondary School Management and Acquisition Control Act, 1985, has approached this Court, on being aggrieved with the impugned Office Order No.5438/2023 dated 16.08.2023 (Annexure-P/14) and further 5556 dated 08.09.2023 (Annexure-15), issued by respondent no.2, whereby despite the allegation levelled against the terminated Head Master of the School, a recommendation has been made by the District Programme Officer to the Bihar School Examination Board to constitute an Adhoc Committee (Tadarth Committee) and thereby an Unconstitutional Committee is constituted. Further prayer has been made to release the payment of grant in favour of the School in its account as right from 2013, no fund has been released in favour of the School, of which the petitioner is at present holding the post of Head Master-cum-Member Secretary.

3. The School, in question, was established in the year 1985 and got its affiliation from the Government of Bihar in the year 1987. On 06.04.1990, the land, in question, had been bequeathed in favour of the Governor of Bihar. While the School was functioning, in the meanwhile, the Bihar School Examination Board (for short 'the Board') vide its letter no.1120 dated 23.03.2015 constituted an Adhoc Managing Committee of the School, in question, by nominating one Arbind Kumar Singh as the Principal-cum-Member Secretary. Further, in pursuant to the order dated 31.08.2018 passed by the Appellate Authority, Saharsa, Sri Chandradeo Singh, father of Arbind Kumar Singh, declared as 'Donor Chairman' of the Governing Body and Managing Committee of the School, in question, vide Board's letter no.1878 dated 09.07.2020. A list of Member was duly furnished by the Donor Chairman; based upon which, the Governing Body and the Managing Committee of the School was constituted in terms of the letter no.2641 dated 16.07.2021. In the meanwhile, a title suit bearing Title Suit No.182 of 2021 was filed with respect to the land bequeathed to the School, in question, and the learned Civil Court vide its order dated 14.09.2021 restrained the Donor Chairman (Chandradeo Singh) from operating development and other fund received from the State Government.

4. In view of the order passed in Tile Suit No.182 of 2021 as well as the objection filed by the former Principal, Arbind Kumar Singh, the Board took a decision to constitute Adhoc Managing Committee for smooth functioning of the School till final decision is taken by the Court. The District Programme Officer, (Secondary Education), Saharsa was nominated as Convener of the Adhoc Manging Committee of the School, in question. Pursuant to letter no.5438 dated 16.08.2023, the District Programme Officer, (Secondary Education), Saharsa, made available the list of the Members of the Adhoc Managing Committee and thereafter the Affiliation Sub-Committee of the Board in its meeting dated 25.08.2023 decided to constitute Adhoc Managing Committee of the School and accordingly an Adhoc Managing Committee of the School was constituted vide Board's Letter No.5556 dated 08.09.2023. In the meantime, a grant has been made available by the State Government for Session-2014-15 and 2015-16; however, it has been informed to this Court that since the grant was to be distributed in accordance with the established procedure of the State Government, which required fulfillment of certain standard criteria, but on being found adverse inspection report, affiliation of the School, in question, was suspended.

5. Mr. Gyan Shankar, learned Advocate for the Board has apprised this Court that now the affiliation of the School has been restored vide letter no.3251/25 dated 25.04.2025 issued by the Director (Education), Bihar School Examination Board, the copy of which has been produced before this Court and it has been placed on record. Since there is ongoing dispute with regard to Adhoc Managing Committee; hence, difficulty has been made to release the grant in favour of the School, besides pendency of Title Suit No.182 of 2021.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjNDgyNCMyMDI0IzEjTg==-s3XDxjDE--ak1--vo=

Disclaimer: Curated by HT Syndication.