IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8948 of 2010 1. Shailendra Pradad Sinha S/O Late Ram Sundar Prasad Sinha R/O Vill.- Samsuddinpur, P.O. & P.S.- Rivelganj, Distt.- Saran Versus 1. The State Of Bihar Through The Education Secretary, Patna 2. Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna, Through The Secretary 3. The Chairman Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna 4. The Secretary, Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna ---------------------------------- 3. 18.10.2011 Heard learned Counsel for the petitioner and the Bihar Sanskrit Shiksha Board (hereinafter referred to as ‘the Board’). The petitioner is stated to be Incharge Headmaster of Maharshi Gautam Sanskrit High School, Godana at Saran. It is submitted that under the Bihar Non Government Sanskrit School Management Control Rules 1978 the term of the erstwhile Managing Committee constituted in accordance with law expired on 6.9.2009. The petitioner on 8.9.2009 submitted the constitution of the fresh Managing Committee for approval. The Board was required to consider the same within a period of twenty-one days under Chapter 3 Sub-rule (4) of the Rules. On the contrary, the Board constituted an ad hoc committee nearly six months later on 8.3.2010. The Ad hoc committee under Chapter 5 Rule 1 could continue for a period of six months only and in special circumstances for a maximum of another six months. Both the original and the extended periods have expired but no regular Managing Committee has been constituted. The Court is disappointed of the manner in which the Board appears to be functioning. A Managing Committee shall necessarily be 2 a necessary adjunct for the efficient management of the institution. The Board created for the purpose appears to be acting to the contrary. The writ application was filed on 18.5.2010 after serving a copy of the application on the Counsel for the Board. A period of nearly over one and a half years has not been considered sufficient by the Board to discharge its statutory obligation to file a counter affidavit and assist the Court in dispensation of justice. Counsel for the Board submits that the Managing Committee shall be constituted within a maximum period of six months. The Court considers the prayer unreasonable. Keeping in mind the interest of the institution and the students, the Court directs the Managing Committee to be constituted within a maximum period of six weeks from the date of receipt and/or presentation of a copy of this order before the Board. Counsel for the petitioner submits that he stands by the recommendation dated 8.9.2009. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)