IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11326 of 2009 Nageshwar Sinha son of Late Baiju Singh, resident of village Kusherhi, Police Station Barbigha, District Sheikhpura, President of Vidhalaya Shiksha Samittee Kushrhi, Police Station Barbigha, District Sheikhpura Versus 1. The State Of Bihar 2. The District Magistrate, Sheikhpura, District Sheikhpura 3. The District Education Officer, Sheikhpura 4. The District Superintendent of Education, Sheikhpura, District Sheikhpura 5. The Block Education Extension Officer-I, Barbigha, P.S. Barbigha, District Sheikhpura 6. The Block Development Officer, Barbigha, District Sheikhpura 7. Sri Kant Singh sons of Late Ram Swaroop Singh resident of village Kusherhi, Police Station Barbigha, District Sheikhpura ----------- 02/ 03.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was elected President of the Kusherhi Middle School within Barbigha Block in the District of Sheikhpura in the meeting of the School Education Committee held on 26.9.2007 and the minutes of the Committee is contained in Annexure-1 to this application. 3. It is submitted on behalf of the petitioner that he was noticed by the Block Education Extension Officer, Barbigha under letter no. 84 dated 5.6.2008, Annexure-4 that Sri Kant Singh, Respondent no.7 has been elected President of the Middle School, Kusherhi in the meeting held on 12.5.2008 and the petitioner should submit his explanation within three days so that steps may be taken for the election of the new President of the School and the development work may proceed under his 2 guidance. Under subsequent letter no. 102 dated 30.6.2008, Annexure-6, the Block Education Extension Officer, Barbigha informed the In-charge Headmistress of the School that the petitioner has been removed from the Presidentship of the School Education Committee during the meeting held on 12.6.2008 and Respondent no.7 has been inducted in his place. In spite of issue of letter no. 84 dated 5.6.2008, Annexure-4 and letter no. 102 dated 30.6.2008, Annexure-6, petitioner had no difficulty in functioning as President of the School Education Committee, but under letter no. 166 dated 13.7.2009, Annexure- 12, the Block Education Extension Officer, Barbigha directed the In-charge Headmistress of the School that she should work under the guidance of the newly elected President, Sri Kant Singh, Respondent no.7 and since then Respondent no.7 is trying to interfere in the affairs of the school. It is further submitted on behalf of the petitioner that no meeting of the Committee ever was held either on 12.5.2008 or 12.6.2008 in which Respondent no.7 was elected President and the Block Education Extension Officer, Barbigha is only trying to intermeddle in the affairs of the school by directing the In-charge Headmistress to act under the guidance of Respondent no.7, who was never elected President of the School Education Committee. 4. Let the petitioner file a representation before the District Magistrate, Sheikhpura highlighting the aforesaid fact along with a certified copy of this order whereafter the District 3 Magistrate, Sheikhpura should first ascertain whether any lawful meeting of the School Education Committee was held on 12.5.2008/ 12.6.2008 in which petitioner was legally removed and if no such meeting was ever held on either of the two dates then he should ensure that the elected President of the School Education Committee should function as President until another person is legally elected. The representation of the petitioner should be considered by the District Magistrate, Sheikhpura as early as possible in any case within one month from the date of its receipt along with a certified copy of this order. 5. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)