IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15374 of 2010 CHANDRA MAULI SINGH, son of late Radha Ballabh Prasad Singh, resident of village Bandwar, P.S. Nima Chandpura, District Begusarai at present holding the post of Acting Headmaster of Mahanth Bharat Das Inter College, Rampur, Bakhri, District Begusarai ... Petitioner Versus 1. THE STATE OF BIHAR 2. Principal Secretary, Department of Human Resources, Govt. of Bihar, Patna 3. Chairman, Bihar School Examination Board, Budh Marg, Patna 4. Secretary, Bihar School Examination Board, Budh Marg, Patna (Bihar Intermediate Education Council now vested in Bihar School Examination Board) 5. Subdivisional Officer, Bakhari, District Begusarai 6. Dr. Ravindra Nath Jha, son of late Chandrakant Jha, resident of village Bakhari, P.S. Bakhari, District Begusarai, at present posted at R.B.S. College, Andaur, Mohiuddin (Samastipur) ... Respondents with CWJC No.15381 of 2010 MAHANTH SIYARAM DAS, son of late Mahanth Bharat Das, resident of village Rampur, P.S. Bakhari, District Begusarai ... Petitioner Versus 1. THE STATE OF BIHAR 2. Principal Secretary, Department of Human Resources, Govt. of Bihar, Patna 3. Chairman, Bihar School Examination Board, Budh Marg, Patna 4. Secretary, Bihar School Examination Board, Budh Marg, Patna (Bihar Intermediate Education Council now vested in Bihar School Examination Board) 5. Subdivisional Officer, Bakhari, District Begusarai 6. Principal, Co-operative College, Begusarai 7. Ram Binod Paswan, M.L.A., Bakhari Constituency, District Begusarai 8. Dr. Ravindra Nath Jha, son of late Chandrakant Jha, resident of village Bakhari, P.S. Bakhari, District Begusarai, at present posted at R.B.S. College, Andaur, Mohiuddin (Samastipur) ... Respondents ----------- 2 2. 25.11.2010 Having heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner in both these writ applications as also Mr. A.B.Sinha, learned counsel appearing on behalf of the Bihar School Examination Board, Md. Fazal Rahma, learned counsel for the State and Mr. Pramod Kumar Sinha, learned counsel for respondents no. 7 and 8, this Court is of the considered opinion that the whole dispute with regard to the impugned order dated 18.8.2006 so far it relates to its validity and correctness of constitution of an Adhoc Committee for the Intermediate College in question is wholly misconceived. Constitution of such an adhoc committee was permissible in terms of Section 44(4) of the Bihar Intermediate Education Council Act as was in force at that point of time. True it is that such adhoc committee could not have been allowed to continue for an indefinite period, inasmuch as the statutory provisions under section 44 of the Act read with Rule 8 thereof would by itself be a clear point or to this aspect that the maximum term of the members could 3 be of a period of three years. In view of the fact that the order dated 18.8.2006 nominating four members of the adhoc committee which has remained in force for a period over four years, ever since it came to be constituted on 18.8.2006, this Court even when is not inclined to interfere with the same on account of filing of the writ petitions in September, 2010 but at the same time as a period of more than three years has already elapsed ever since such ad-hoc committee was constituted, this Court would direct now the successor body Bihar Intermediate Education Council, namely, the present Bihar School Examination Board, to constitute a regular governing body for the College in question within a period of two months from the date of receipt/ production of a copy of this order. It has to be taken into account that in the earlier adhoc committee the Intermediate Council had nominated one Sri Ram Binod Paswan, as the member representing the legislature in terms of section 44 of the Act who after losing 2010 recent general election has ceased to remain even as M.L.A. 4 Thus, Sri Paswan cannot continue as a member of ad-hoc committee unless he is re-elected and once again nominated as a member of the governing body in terms of section 44 of the Act. Therefore, in view of change of scenario even otherwise the constitution of the adhoc committee has to be changed but then as it is well settled in law that one adhoc committee cannot be replaced from another adhoc committee it would be in the interest of the institution itself that a regular governing body in terms of section 44 of the Act is constituted within the aforesaid period of two months. It is further made clear that in the interim period till such a regular governing body is constituted by Bihar School Examination Board the Sub-divisional Officer, Bakhari shall continue to work as the Convener of the adhoc committee and would exercise his power only in respect of routine functioning of the College. In other words, he will not take any major policy decision till a fresh governing body is constituted. In view of the fact that Mr. Ram Binod Paswan, a member of legislature, 5 has already ceased to be M.L.A. the adhoc committee shall function only with the remaining three members and the S.D.O. as its convener. With the aforementioned observation and direction, both the applications are disposed of. (Mihir Kumar Jha,J.) Surendra/