IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10469 of 2010 MANISH KUMAR SINGH Versus THE STATE OF BIHAR & ORS ---------- 02 02.08.2010 Heard learned counsel for the petitioner and learned counsel for the Bihar School Examination Board (hereinafter referred to as the Board). The Court does not consider it necessary to issue notice to respondent no.6 at this stage, in view of the nature of the order to be passed. The Shiv Prasad Singheshwar Mahavidyalaya Jafrabad, Ufraul, P.O. and P.S.- Desari, District- Vaishali claims to have been granted affiliation under the Bihar Intermediate Education Council Act, 1992 the precursor body of the Board. Learned counsel for the petitioner submits that no governing body as such in accordance with law was ever constituted. By an informal arrangement a managing body, consisting of donor members continued to run the aforesaid college. On 13.5.2010, an ad-hoc managing committee has been constituted by the Board. He submits that the ad-hoc managing committee by its very description is a temporary arrangement pending the formation of a regular managing committee as its very nomenclature signifies. It is the further case of the petitioner that the necessary details under Section 45 of the Bihar Intermediate Education Act for formation of a regular 2 governing body has already been forwarded to the Board. The Bihar Intermediate Education Council Act has now been replaced by Bihar School Examination Board (Senior Secondary) Act, 2007 (hereinafter called the Act). Counsel for the Board makes a prayer for time to seek instruction and file counter affidavit. The Court does not consider it necessary to adjourn the matter. It is indeed peculiar, if what the petitioner’s claim is correct, how the erstwhile council or the present Board have failed to fulfill their statutory duties. If the statutory duties had not failed on account of lapses of the authorities and default lay with the educational institution, the Board was expected to take consequential action. It is peculiar that a managing committee contrary to law is stated to have been functioning and the Board completely absolving its statutory duties in the matter. Section 44 of the Act provides for the constitution of a regular governing body. Section 44 Sub- clause 4 is obviously a temporary measure proving for ad- hoc appointment committee at the initial stage of the establishment of the institution, when it is the council/Board which constitutes the ad-hoc committee. Thereafter under the first part of the statute, the procedure for appointment of a regular governing body has been provided for as prescribed under the Rules. Now that an 3 ad-hoc managing committee is stated to have been constituted by the Board, this Court commands the respondent Board to take all necessary steps in accordance with law so that a regular managing committee is constituted in accordance with Section 44 of the Act preferably within a maximum period of four months from the date of receipt/production of a copy of this order before the respondent Board. It is directed that the ad-hoc managing committee shall only take decisions of a routine nature to facilitate the day to day functioning of the college and no major administrative policy or major financial decisions shall be taken by the ad-hoc managing committee. The application stands disposed. P.K. (Navin Sinha, J.)