IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5920 of 2007 ASHOK KUMAR GUPTA, S/O JAGDEO PRASAD SAH, R/O VILLAGE-BELDAUR, P.O.+P.S.-BELDAUR, DISTRICT- KHAGARIA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, KHAGARIA. 4. THE DISTRICT EDUCATION OFFICER, KHAGARIA. 5. SRI DINESH PRASAD SINGH, S/O LATE BHOLA PRASAD, R/O VILLAGE+P.O.-NAWADA, P.S.- CHAUTHAM, DISTRICT-KHAGARIA. …………RESPONDENTS. For the Petitioner : Mr.Siya Ram Sahi, Adv. and Mr.Sheel Bhadra Jha, Adv. For the State : Mr.N.K.Sinha, AAG-X and Mr. Sanjay Kumar, AC to AAG-X. For the Respondent : Mr.Ashok Kr. Choudhary, Adv. and Mr. Rajesh Kumar, Adv. ----------- 6 23.02.2010 In this writ application dispute is in respect of In-charge Headmaster. It appears that there is a dispute between the parties in respect of validly constituted Managing Committee also, which appointed the In-charge Headmaster. The petitioner claim his appointment on the basis of resolution of one Managing Committee and the respondent no. 5 claim his appointment on the basis of resolution of another Managing Committee. A valid Managing Committee has to be constituted and recognized by the State 2 authorities. If the State authorities finally recognized the Managing Committee for the school that Managing Committee will only be empowered to appoint In-charge Headmaster or a regular Headmaster. So far pleadings have been filed by the petitioner and respondent no. 5 only. The State authorities have not filed any counter affidavit in the case. In the circumstances, this Court feels it appropriate that the matter should be examined by the Director, Secondary Education after hearing the parties and come to definite finding as to which Managing Committee is validly recognized under law by the authorities for management of affairs of the school. In case he finds that, no Managing Committee, validly constituted, is functioning in the school in the eye of law, he shall take steps for constitution of a Managing Committee for the school. After constitution of the Managing Committee he shall issue direction to it to appoint regular Headmaster in the school in accordance with law. This exercise should be completed by the Director, Secondary Education within two months from today. After the Director issues the orders 3 to the Managing Committee to appoint a regular Headmaster in the school, the duly constituted Managing Committee shall appoint a regular Headmaster for the school within two months thereafter, after giving opportunity to all eligible candidates, including the petitioner and respondent no. 5. Since the Director, Secondary Education is present in Court and has heard the order of this Court, the time limit will start operating from today itself. The writ application is disposed of with the aforesaid observations and directions. Let a copy of this order be handed over to learned counsel for the State for its transmission to the Director, Secondary Education. Arvind/ (J. N. Singh, J.)