Ajit Kumar Singh vs The State of Bihar
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8596 of 2024
CNR No. BRHC010492172024
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Ajit Kumar Singh, S/o-Shamsher Jang Bahadur Singh, R/o Ghospur, Ward
No. 7, Haveli Kharagpur, Dist- Munger, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Secretary, Bihar School Examination Board (Higher Secondary),
Buddha Marg, Anmol Pal Hotel, Frazer Road Area, Patna-800001.
3. Principle Secretary, Education Department, Government of Bihar, Patna.
4. Director, Higher Education, Secretariat, Government of Bihar.
5. Narendra Singh College, Haveli Kharagpur, Dist- Munger, PIN-811213,
through its Principal/ Secretary
6. Ranjan Kumar Singh, President Narendra Singh College, Haveli Kharagpur,
Dist- Munger, PIN- 81213
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh (in person)
For the State : Mr. Standing Counsel (21)
For the BSEB : Mr. Vipin Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 27-10-2026
This Court has heard Mr. Ajit Kumar Singh (in
person) and Mr. Vipin Kumar, learned advocate representing the
Bihar School Examination Board. The State is represented
through Mr. Sanjay Kumar, learned Advocate.
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2. At the outset, it would be worth noting here that
during pendency of the present writ petition, the relief no.(i) has
become infructuous by efflux of time and, as such, the petitioner
is not pressing the same. However, the petitioner presses the
present writ petition seeking issuance of a writ of Mandamus
directing the respondents to consider him as a donor member of
Narendra Singh College, Haveli Kharagpur, Munger under Rule
8(a) of Bihar Intermediate Education Council (Establishment of
Colleges and Conduct of Examination) Rules, 1994 (hereinafter
referred to as ‘the Rules, 1994’) in view of his having been a
competent donor on account of due payment of requisite
donation amount on 23.12.2010, when the aforesaid Rules were
enforced in the State of Bihar and the College, in question,
along with other identically situated Colleges, were being
administered under the provisions of the said Rules.
3. Prayer has also been sought to correct the donor
register of Narendra Singh College, Haveli Kharagpur, Munger
by including the name of the Trust (which donated land ad-
measuring 7 acres for the college) as donor and the name of the
petitioner as a trustee thereof with effect from 23.12.2015 under
Rule 8(a) of the Rules, 1994, as on death of Murlidhar
Singhania, the erstwhile trustee and donor member of the
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College, the petitioner was appointed as second trustee on
23.01.2015 by the then lone surviving trustee and donor
member of the College, namely, Shamsher Jang Bahadur Singh.
Direction has also been sought to nominate the petitioner as
President of the College to constitute the Governing Body and
Managing Committee of the College, as per the Rules
prescribed in this behalf.
4. The brief facts as culled out from the materials
available on record demonstrate that the College, in question,
namely, Narendra Singh College at Haveli Kharagpur, Munger,
was established in the year 1984 and was granted affiliation by
Tilka Manjhi Bhagalpur University, Bhagalpur for the purposes
of imparting Intermediate (Higher Secondary) education. On
promulgation of Bihar Intermediate Education Council Act,
1992 (hereinafter referred to ‘as the Act, 1992’), the College
was duly recognized and registered under Section 41 of the Act,
1992. For establishment of the College, a land ad-measuring 7
acres was donated by a trust through duly registered gift deed by
the then trustee Shri Shamsher Jung Bahadur Singh and Sri
Murlidhar Singhania. Under Rule 8(a) of Rules, 1994, the
College was required to maintain a separate donor register,
seemingly the names and addresses of all the persons, who have
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donated requisite sum of Rs. 25,000/- or more, either in cash or
in kind, was duly prepared. The trust which had donated land to
the College is said to be the Principal donor and the names of
the two trustees, who had executed the gift deed in favor of the
College, was accordingly entered. The name of Shri Shamsher
Jung Bahadur Singh and Sri Murlidhar Singhania also found
mention in the donor register of the College, for having donated
Rs. 25,000/- or more in their personal capacity. The
management of the College was entrusted to the Governing
Body constituted in accordance with Act, 1992 and the Rules,
1994.
5. In the course of time, Bihar Intermediate
Education Council (Repeal) Act came into force by due
publication in the Bihar Gazette (Extraordinary) on 19.04.2007,
repealing the Bihar Intermediate Education Council Act, 1992.
The Act, inter alia , provided that all the liabilities and obligation
of the Council under any agreement or contract entered into
bona fide shall devolve and deemed to have been devolved on
the Bihar School Examination Board. Subsequent thereto, the
petitioner vide receipt number 5286 donated Rs. 15,000/- to the
College on 23.12.2010. The institution intimated the petitioner
through its letter no. 5/2011 dated 17.01.2011, acknowledging
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that the petitioner has donated Rs. 35,500/- and accordingly was
declared as donor member and his name was incorporated in the
donor register of the College.
6. Immediately thereafter, the Bihar School
Examination Board Affiliation (High Secondary) (Amendment)
Regulation, 2013 was notified with a clear stipulation for
constitution of the Governing Body and the Managing
Committee of private unaided Higher Secondary Institutes,
other than those established and run by the societies/trust. In
pursuance thereof, the College, in question, was called upon by
the Board to constitute its Governing Body and the Managing
Committee. The new regulation provided for nomination of the
President, being the first donor from amongst the three donors
by rotation and the terms of the President being of three years.
However, as during the interregnum period, Sri Murlidhar
Singhania died on 23.12.2015, leaving behind Shri Shamsher
Jung Bahadur Singh as sole trustee and he was appointed as
President on 23.12.2015. The sole trustee simultaneously
appointed the petitioner, as trustee of the said trust, and
accordingly a resolution was passed.
7. On expiry of term of the erstwhile President, Shri
Shamsher Jang Bahadur Singh, the Governing Body of the
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College was reconstituted on 13.09.2019, with Ranjan Kumar
Singh as President and seemingly the College had sent the
names of the three donors to the Board; (i) Shri Shamsher Jang
Bahadur Singh; (ii) Ranjan Kumar Singh; and (iii) Ajit Kumar
Singh (petitioner). The term of newly appointed President, Shri
Ranjan Kumar Singh, came to an end on 12.09.2022, and the
Governing Body stood dissolved. However, notwithstanding the
aforesaid fact, the College issued advertisement for appointment
of teaching and non-teaching employees. The petitioner sought
an explanation from the College. However, the defunct
Governing Body of the College, in collusion with Ranjan
Kumar Singh, constituted a new Governing Body nominating
himself as President. The Principal/Secretary of the College
thereupon, vide letter no.84/22 dated 14.11.2022, sent a list of
donors to the respondent nos. 2 and 3 for the purpose of
constituting the Governing Body of the College.
8. The petitioner wrote letter to all the concerned,
including the respondent nos. 2 and 3, intimating them about
constitution of new Governing Body, but no action has been
taken. However, on being informed that as per the list of the
donor, Ranjan Kumar Singh was the second donor and after
expiry of his term of three years, it was the turn of Ajit Kumar
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Singh (petitioner) being the third donor to be nominated as
President, he vide his letter dated 21.11.2022, requested the
respondent nos. 2 and 3 to approve the Governing Body duly
constituted by the petitioner. The Principal/Secretary of the
College also endorsed the aforesaid facts. The petitioner also,
vide his letter dated 27.11.2022, requested the
Principal/Secretary of the College to convene a meeting of the
new Governing Body under 17A(1) of the Regulations, 2011 in
order to complete the mandatory requirement. However, nothing
has been done and he came to know that his name is included in
the donor register only in personal capacity and not in the
capacity as donor trustee, and therefore filed an application
before the Secretary, Bihar School Examination Board to
include his name in the capacity as trustee of the trust, which
donated about seven acres of land for the College.
9. The respondent nos. 2 and 3 in response, vide
letter dated 27.12.2022 asked the petitioner to furnish the
requisite documents/proof of having donated Rs. 25,000/- or
more before the year 2007, specifically before coming of Bihar
Intermediate Education Council Repeal Act. The petitioner
explained the entire facts and the law vide his letter dated
23.01.2023 and further sent the reminders. However, no
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decision has been taken at the level of respondent nos. 2 and 3,
which necessitated filing of the present application, invoking the
jurisdiction of this Court under Article 226 of the Constitution.
10. Mr. Ajit Kumar Singh (in person) submitted that
once the sole trustee of the trust, which donated land ad-
measuring seven acres for the establishment of the College,
appointed the petitioner as the said trustee on 23.12.2015 itself,
it was incumbent upon the College to substitute his name as
trustee in place of Shri Murlidhar Singhania, who died on
23.12.2015. It is the petitioner, who has stepped into the shoes
of trustee Shri Murlidhar Singhania and thus his name ought to
be considered as a donor trustee. It is further argued that under
Rule 8(a) of Rules, 1994, it was mandatory for every College to
maintain a separate donor register, in which the names and
address of all persons, who have donated at least Rs.25,000/- to
the College, either in cash or in kind, had to be entered. Under
Rule 8(b), the donor register shall be kept up-to-date. Further
Rule 8(c) contemplates that all objections relating to entry and
omission in donor register and relating to election shall be made
in writing to the Secretary of the Council, and on such
objection, the decision of the Chairman or the Council, if the
matter is referred to the Council, shall be final. The Act 1992
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was repealed vide Repealing Act, 2007 and was re-enacted vide
Bihar School Examination Board (Amendment) Act, 2007.
However, since the prescriptions of Rules, 1994 enacted under
the Act, 1992 was not inconsistent with the re-enacted
provisions of the Bihar School Examination Board
(Amendment) Act, 2007, rather in both the Act or Rules framed
thereunder in the year 2007 had no provision regarding
constitution of Governing Body/Managing Committee or for
administration and management of Senior Secondary Schools
other than Government Schools or Schools managed by
religious or linguistic minority. The private Intermediate
Institutions governed under the Rules, 1994 continued to be
governed under the said Rules, even after repeal of the Act,
1992.
11. The Bihar School Examination Board
Affiliation Bye-laws was brought in force on 14.07.2011, and
the same was further amended vide Bihar School Examination
Board Affiliation (High Secondary) Amendment Regulation,
2013, on being duly notified on 13.11.2013. In terms of the said
amendment, the regulation is now termed as Bihar School
Examination Board (Senior Secondary) Affiliation Regulation,
2011 (hereinafter referred to ‘as the Regulation, 2011’).
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Regulation, 2011 is said to be on the same subject matter as the
Rules, 1994 also covers the Intermediate Institutes recognized
under Section 39 or granted permission under Section 41 of the
Act, 1992. It is further argued that the terms of the Regulation,
2011 has been taken from the Bihar Intermediate Education
Council Rules, 1994. Thus, Section 27 of the Bihar and Orissa
General Clauses Act, 1917, which has to be read into every
Bihar Act, clearly provides that unless specifically excluded, in
case of repeal and re-enactment, the Rules notified under the
repealed Act is to continue, unless it is repugnant to the new Act
or till it is superseded by subsequent enactment.
12. In view of the aforenoted premise, he would
thus submit that Rules, 1994 continued to operate as if enacted
in Bihar School Examination Board Act till 14.07.2011, when
the same was repealed vide Regulation, 2011. Therefore, the
petitioner, who had deposited the necessary amount on
23.12.2010 and the Principal of the College issued letter
accordingly on 17.01.2011 acknowledging the petitioner as
competent donor, is fit to be considered eligible donor under
Regulation, 2011, despite he deposited the total requisite amount
or more on 23.12.2010 after coming into force of Repealing Act,
2007 by which the Act,1992 was repealed.
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13. Per contra, Mr. Vipin Kumar, learned Advocate
for the Bihar School Examination Board, submitted that on
receipt of the representation filed by the petitioner, the
respondent Board, vide letter No. 4152 dated 27.12.2022, has
communicated to the petitioner relevant facts, inter alia , that the
Principal of the College, in question, has been asked by the
Board to submit a list of donor members with evidence for
payment of donation amount of Rs. 25,000/- in cash or
equivalent materials prior to the coming into force of 2007
Repealing Act, in view of the provision of Regulation, 2011.
Referring thereto, it is submitted that as per the Rule, donor
members are nominated as President, then only the nominated
President constitutes the list of the members of Governing Body
and Managing Committee of the College. There is no provision
for successor of the original donor member in the Regulation,
2011. In the light of the aforesaid fact, therefore, the petitioner
was directed to submit evidence of donation made by him prior
to 2007; likewise, (i) evidence of donation of Rs. 25,000/-, (ii)
Donor Cash Register, (iii) cash book and certified copy of the
bank statements, land documents, if donated, so that the final
decision can be taken in the matter of nomination of the
petitioner, as Donor Chairman.
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14. It is also submitted that so far as the claim of
the petitioner regarding renomination of Ranjan Kumar Singh,
as Chairman of the Governing Body and the Managing
Committee of the College is concerned, the same was done in
terms of the provision of Regulation 17(3) of Regulations, 2011,
which contemplates that a member can be renominated for
another term, but a member cannot remain in office for more
than two consecutive terms except ex-officio members and the
members of Trust/Society of the School. In the light of the
above provisions, he was renominated for the second tenure of
three years vide Board’s letter No. 2246 dated 28.07.2022.
15. It is finally argued that the College, in question,
failed to produce any evidence in relation to donor, such as
donor receipt, DCR (Donor Cash Register) etc., and there is no
information regarding petitioner being the donor member of the
College. Therefore, the claim of the petitioner for declaring him
as being donor member is fit to be rejected.
16. Learned advocate for the State adopted the
submissions advanced by the learned advocate for the Board.
17. This Court has meticulously heard Mr. Ajit
Kumar Singh (in person) and the learned advocate for the State
as well as the Board, as also perused the materials available on
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record and went through the relevant prescriptions of the Act
and the Rules.
18. From the record, it appears that the petitioner
vide receipt no. 5286, donated Rs. 15,000/- in favour of the
College, and prior to that, the petitioner had earlier on various
dates donated Rs. 20,500/- to the said college and thus it is
undisputedly acknowledged by the Principal of the College
through his letter dated 17.01.2011 (Annexure- P/2) that the
name of the petitioner has been incorporated in the donor
register of the College.
19. The question for consideration thus has arisen
that as to whether when the Bihar Intermediate Education
Council Act itself was repealed in the year 2007 and re-enacted
vide Bihar School Examination Board (Amendment) Act, 2007,
can Section 27 of the Bihar and Orissa General Clauses Act,
1917 protect the operation of Bihar Intermediate Education
Council (Establishment of Colleges and Conduct of
Examination) Rules, 1994, till it was specifically repealed vide
Bihar School Examination Board Affiliation Bye-laws, 2011.
Question has also been raised by the petitioner that once the
trust, which had donated 7 acres of land for the College, in
question, valued at more than Rs.5 lakhs, is entitled to be
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registered as donor, under Rule 8(a) of Rules, 1994, thence the
successive trustee of a donor trust is not entitled to succeed as a
donor under Rule 8(a)of the Rules, 1994.
20. On a bare perusal of Act, 1992, as also the
Rules, 1994, which, inter alia , provided for establishment of
institutions and conduct of examination of Intermediate (+2)
standard, clearly lays down the rules contemplating procedures
and requirement for establishment, permission, recognition,
faculties of study and examination, evaluation and publication
of result of intermediate (+2) institutions, besides provisions
regarding constitution and functions of Governing Body to be
constituted for Intermediate Institutions other than Government
Institutions and Minority Institutions.
21. Rule 8 of 1994 Rules clearly provides for
constitution of Governing Body for the management and
administration of every recognized College, except Colleges
managed and maintained by State Government or Colleges
established and administered by religious and linguistic
minority. Rule 8(a) further mandates that every College is to
maintain a separate donor register, in which the names and
addresses of all persons, who have donated at least Rs. 25,000/-
to the College, either in cash or in kind, had to be entered.
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22. It is not in dispute that Act, 1992 was repealed
vide Bihar Intermediate Education Council Repeal Act, 2007
and was re-enacted vide Bihar School Examination Board
(Amendment) Act, 2007. On a plain reading of the preamble of
the Repealing Act, 2007, it is stated that it was necessary with a
view to restructure the Intermediate level education and the
Bihar School Examination Board to implement the National
Policy on Education, 1986 (as modified in the year 1992).
23. Under Section 4 of the Repealing Act, 2007, the
assets and liabilities of the Bihar Intermediate Council was
transferred and vested in Bihar School Examination Board and
all the liabilities and obligations of the Council under any
agreement or contract was deemed to be devolved in the Board.
Section 7 of the Repealing Act, 2007 provides the saving clause
and protects anything done or action taken under the Act, 1992.
24. It would be pertinent to take note of the effect
of the Repealing Act in the light of Section 27 of the Bihar and
Orissa General Clauses Act, which is pari materia to Section 24
of the General Clauses Act, 1897, which reads as follows:
“Section 27: Continuation of orders, etc. issued
under enactments repealed and re-enacted:-
Where any enactment is repealed and re-enacted
by a Bihar and Orissa Act [or Bihar Act] [Inserted
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by A.O. 1937.] with or without modification, then,
unless it is otherwise expressly provided, any
appointment, notification, order, scheme, rule, bye-
law or form, made or issued under the repealed
enactment, shall, so far as it is not inconsistent
with the provisions re-enacted, continue in force
and be deemed to have been made or issued under
the provisions so re-enacted, unless and until it is
superseded by any appointment, notification, order,
scheme, rule, bye-law or form made or issued
under the provisions so re-enacted.”
25. After conjoint reading of the above-referred Act
and the Rules, it is evident that though Act, 1992 was repealed
vide the Repealing Act, 2007 and was re-enacted vide Bihar
School Examination Board (Amendment) Act, 2007, however,
no part of the Rules, 1994 enacted under the Act, 1992 is
inconsistent with the re-enacted provisions of the Bihar School
Examination Board (Amendment) Act, 2007. In fact, the Bihar
School Examination Board Act and/or the Rules/Regulations
framed thereunder at the relevant time in the year 2007, there
had not been any provision regarding constitution of Governing
Body/Managing Committee or for administration and
management for Senior Secondary Schools other than
Government Schools or Schools managed by religious or
linguistic minority. The private Intermediate Institutions were
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being governed under the Rules, 1994 and the same continued
to be governed under the said Rules even after repeal of Act,
1992.
26. Bihar School Examination Board Affiliation
Bye-laws was duly published in the Bihar Extraordinary Gazette
on 14.07.2011. Section 17 of the Bihar School Examination
Board Act, 1952, and the same was further amended by Bihar
School Examination Board Affiliation (Higher Secondary)
Amendment Regulations, 2013, duly notified on 13.11.2013. By
the said amendment, the regulation was duly notified as Bihar
School Examination Board (Senior Secondary) Affiliation
Regulation, 2011. Regulation, 2011 deals with the same subject
matter as was being dealt with by Rules, 1994 and covered the
Intermediate Institutes recognized under Section 39 or granted
permission under Section 41 of the Act, 1992. Regulation 24 of
2011 Regulations, which deals with repeal and saving clause,
further made it clear, inter alia, that such repeal shall not affect
the previous operation of the said regulations or any
notifications or orders made, or anything done, or action taken
thereunder.
27. A careful consideration of the Regulation, 2011
vis-a-vis Rules, 1994, it is evident that Regulation 6 of
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Regulation, 2011 is similar to Rule 8(a) of Rules, 1994 and
provides for constitution of Managing Committee for every
School recognized for Secondary or Senior Secondary School,
except School managed or maintained by State Government,
which will have separate Managing Committee. The amended
regulation brought in the year 2013 provides norms for
constitution of Governing Body and the Managing Committee
of Private Unaided Higher Secondary Institutes. Sub-regulation
XXXII of Regulation 2 contemplates Governing Body/School
Managing Committee means Governing Body/Managing
Committee constituted under Sub-regulation 17A(1) and (2) of
the Regulation, 2011, for the school. 17A(1) and 17A(2) were
brought in force vide 2013 amendment. However, a proviso has
been incorporated after Clause 17(2)(vii) that the provisions
(regarding School Managing Committee) shall be applied with
immediate effect and those which are affiliated to take remedial
measures by suitable qualified substitutes within three years
positively, which means that the Managing
Committee/Governing Body constituted under Rules, 1994,
having a term of three years, were free to continue and complete
their term subject to taking of remedial measures.
28. From the reading of the Act and the Regulation,
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2011, it is crystal clear that the term “donor member” has not
been defined therein, and in fact, it has been brought from the
Bihar Intermediate Education Council (Establishment of
Colleges and Conduct of Examination) Rules, 1994. The Rules,
1994 thus, in fact, were repealed only by the Regulation, 2011
published in the Bihar Extraordinary Gazette on 14.07.2011.
Hence, under Section 27 of the Bihar & Orissa General Clauses
Act, 1917, the Rules notified under the repealed Act shall
continue unless it is repugnant to the new Act or till it is
superseded by the subsequent enactment. What is evident
therefrom that under the Rules 1994, the Governing Body was
responsible for day-to-day management and administration of
the Institute, so much so that in view of the functions assigned
to the Governing Body under the Act, 1992 and the Rules, 1994.
It is thus inconceivable that any Institute recognized under the
Act, 1992 can function without a Governing Body.
29. This Court, in view of the discussions, above
referred, finds substance in the submission of Mr. Ajit Kumar
Singh (in person), that Rules, 1994 continued to operate till
14.07.2011, when the same was repealed vide Regulations,
2011. Therefore, in the considered opinion of this Court, the
amount deposited by Ajit Kumar Singh (in person), on
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23.12.2010 and acknowledged by the Principal of the College
under letter dated 17.01.2011 shall be deemed to be deposited in
the light of the Rules, 1994 and thus the petitioner ought to be
declared as a competent donor member and fit to be considered
under Regulations, 2011. Accordingly, the respondent no.2 is
directed to proceed in the matter and issue appropriate direction to
the College concerned, in the light of the observation of the Court.
30. So far as the second issue with regard to
declaration of the petitioner as successive trustee of donor trust
in terms of Rule 8(a) of Rules, 1994 is concerned, since this
Court is apprised that the name of the petitioner was
recommended as donor trustee by one of the erstwhile trustee
after the death of Murlidhar Singhania, and the petitioner had
submitted appropriate application as well as the reminder, which
are pending before the respondent nos. 2 and 3, this Court
instead of delving into the aforesaid facts, direct the respondent
no. 2 to consider the representation of the petitioner and pass
appropriate order in accordance with law, preferably within a
period of three months, from the date of receipt/production of a
copy of this order.
31. However, the aforesaid direction to the
respondent no. 2 is only confined in relation to the Donor
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Trustee of the Trust of the College, in question, and has nothing
to do with the direction and observation through which the first
issue has been resolved.
32. The writ petition is, accordingly, disposed of
with the aforesaid direction.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.10.2026
Transmission Date NA