IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15989 of 2009 1. CHANDRA MOHAN JHA S/O LATE GAGDISH JHA R/O MOHALLAH- NEW CHAKDAH, P.S.- RAJNAGAR, P.O.- MADHUBANI, DISTT.䳥 MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, GOVT. OF BIHAR, PATNA 3. THE CHAIRMAN, BIHAR SANSKRIT SHIKSHA BOARD, PATNA 4. THE SECRETARY, BIHAR SANSKRIT SHIKSHA BOARD, PATNA 5. THE REGIONAL SCHOOL M.L.A., PRESIDENT ADHOC COMMITTEE SANSKRIT UCHH VIDALAYA, MADHUBANI 6. THE DISTRICT EDUCATION OFFICER, MADHUBANI, SECRETARY, ADHOC COMMITTEE SANSKRIT UCHH VIDALAYA, MADHUBANI 7. SUB-DIVISIONAL EDUCATION OFFICER, MADHUBANI, MEMBER ADHOC COMMITTEE, SANSKRIT UCHHA VIDALAYA, MADHUBANI 8. THE HEAD MASTER, SANSKRIT HIGH SCHOOL, MADHUBANI ----------- 3. 27.1.2010 Heard learned counsel for the petitioner, for the State of Bihar and counsel for the Bihar Sanskrit Shiksha Board. Notwithstanding the repeated judgments of this Court reported in 1993(2) PLJR 469, 1999(1) PLJR 29, 2001(1) PLJR 7 and the order dated 17.1.2006 in C.W.J.C. No. 12650 of 2009, the State of Bihar is yet to wake up to the urgency for framing rules under Section 22 of the Bihar Sanskrit Shiksha Board Act, 1981 for laying down the modality for constitution of a Managing Committee of a school recognized by the Board. A body as essential as a Managing Committee to ensure proper functioning of the school, development of the school, dissemination of quality education by those who may be committed to the cause of the school is being repeatedly left to the vagaries of an Ad hoc Managing 2 Committee constituted by the Board unconcerned with the fate of the institution and those who pursue their education there. The impugned order dated 14.8.2008 as communicated on 5.10.2009 replacing one Ad hoc Committee by another consequent to the orders of this Court in C.W.J.C. No. 12650 of 2004 is simply not sustainable and is only an attempt to overreach the order of this Court. They are accordingly set aside. The school in question i.e., Sanskrit High School, District- Madhubani, Bihar is stated to have sent a proposal for constitution of a Managing Committee in February, 2007 reiterated subsequently also. This Court is conscious of the difficulty in giving directions for constitution of a Managing Committee unless and until the rules are framed under Section 22 of the Act noticed above. In absence of necessary rules being framed, no Managing Committee shall exist in accordance with law. This Court has already noticed the severe flaw which continues in the law and that it is not in the interest of the institution in repeatedly continuing with Ad hoc Managing Committee, which in any event has a life period of only six months. This Court, therefore, directs that till such time that the rules are not framed, when apparently the State 3 Government refuses to wake up to the need despite repeated judgments of this Court, to prevent a totally avoidable situation, any proposal by the school for constitution of a Managing Committee shall be considered by the Board strictly in accordance with law so that the institution has a Managing Committee with a dedication and commitment to the institution, rather than an Ad hoc Committee which shall have no commitment or continuity in its decision even. Let this order be complied within a maximum period of four months from the date of receipt/production of a copy of this order. It is perhaps time for the State Government to fulfil its statutory obligations for a matter as important as dedication. P. Kumar (Navin Sinha, J.)