IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8000 of 2000 URMILA MEHATA Versus THE UNION OF INDIA & ORS For the Petitioner :Mr.Sarwan Kumar Singh,Sr.Advocate & :Mr. Shola Sandhwar For the Union of India :Mr.Arun Kumar Arun For Sanskrit Sansthan :Mr.S.N.Pathak For Respondent no.6 :Mr.Uma Kant Mishra ----------- 9. 24.09.2008 Heard learned counsel for the parties. 2. The petitioner has preferred this writ petition in the capacity of the Secretary of the Managing Committee of the school. The petitioner seeks a direction to set aside the nomination of respondent no.6 (Satish Chandra) as Chairman of the Managing Committee of Adarsh Sanskrit Mahavidayalaya, Muzaffarpur, as illegal void ab initio. 3. According to the writ petition, the school in question was established in 1978 by private persons. The Govt. of India floated a scheme to recognize such schools imparting education in Sanskrit to be known as Adarsh Sanskrit Mahavidayalaya and to extend financial support for excellence in Sanskrit Education. The School in question was one such and was recognized as Adarsh Sanskrit Mahavidayalaya by order dated 30.4.1997 - 2 - (Annexure-3), whereby the Govt. of India recognized it as Adarsh Mahavidyalaya with effect from 1.4.1997. By the same order, the first Managing Committee was constituted with effect from 1.4.1997, for a period of three years. The respondents authorities nominated respondent no.6 as the Chairman of the Managing Committee for a period of three years commencing from the date they assume charge, vide order dated 6.7.2000 (Annexure-5), issued under the signature of the Deputy Director (ADMN), Rashtriya Sanskrit Sansthan. The petitioner raises a grievance before this Court that the scheme in question (Annexure-1) provides that the Chairman and the Managing Committee shall be nominated by the Govt. of India. Respondent no.6 not having been appointed by the Govt. of India, his appointment was bad in law by subsequent action taken by the Managing Committee under his Chairmanship was bad in law and void ab anitio. 4. Two sets of respondents, in their separate submissions, have opposed the writ petition. 5. I have perused the materials on records and considered the submissions of the learned counsel for the parties. Copy of the scheme in question is marked a Annexure-1 to the writ petition, paragraph 7 of which - 3 - provides that the Chairman of the Managing Committee shall be nominated by the Govt. of India. It appears that respondent no.6 was nominated as it appears from a perusal of the communication dated 13.2.2001 (Annexure-A to the counter affidavit of respondent no.6), from the Deputy Director (ADMN) of Rashtriya Sanskrit Sanshthan, to the Principal Incharge Mahavidyalaya, stating therein that respondent no.6 had been so nominated by the Hon’ble Minister, Human Resources Development, Govt. of India. It thus appears that the aforesaid order dated 6.7.2000 (Annexure-5), nominating respondent no.6 as the Chairman of the Managing Committee, had only conveyed the orders of the Minister for Human Resources Development, Govt. of India, nominating respondent no.6 as the Chairman of the Managing Committee. The contention raised by the petitioner has, therefore, no force and is accordingly rejected. 6. Learned counsel for the petitioner has also contended that the decision of the Govt. of India to recognize the college as Adarsh Sanskrit Sansthan enjoined a duty on the Govt. of India to make available the requisite financial support. He, therefore, submits that the control and financial assistance go hand in hand. In - 4 - absence of financial assistance the control of the Managing Committee nominated by the Govt. of India comes to an end. I am afraid the contention cannot be entertained because it is beyond the frame of the writ petition. 7. Learned counsel for the respondents has also raised the maintainability of this writ petition at the instance of the petitioner. In view of the foregoing discussion, I do not feel the necessity to examine this question. 8. The writ petition is dismissed. HR ( S. K. Katriar )