P L D 1967 Dacca 19 (PLP)

SATTAR, J.‑The petitioner obtained the present Rule upon the Additional Deputy Commissioner, (Division) Dacca and Mr. Sultan Ahmed, Head Master‑cum‑Secretary, Brahmangoat Government‑aided High School to show cause why the order No. 152‑Edn‑14 dated 13‑2‑65, a copy of which has been annexed as annexure to the petition, should not be declared as having been made without lawful authority and of no legal effect and or why the respondents should not be directed to cancel rescind and/or withdraw the said order as far as it relates to the petitioner. This rule is not opposed. It has been stated by the petitioner that he was elected a member of the Managing Committee of the Brahmangoan, Government‑aided High School (hereinafter referred to as the school), as one of the guardian representatives in September 1963. He received the impugned memo. issued from the office of the Deputy Commissioner Dacca, signed by respondent No. 1 in which it was stated that while giving his approval to the Managing Committee the Deputy Commissioner had excluded the petitioner from the said Committee on the ground that he had not been found suitable according to the police report. The petitioner claims that the impugned order passed by the Deputy Commissioner, is without Jurisdiction inasmuch as the petitioner was not given an opportunity to show cause that the police report against him is without foundation. The order in question has evidently been passed under regulation framed under the East Pakistan Secondary Education Act, 1955. This regulation provides that the Committee of Management of a Government‑aided school has to have the approval of the District Magistrate and this approval is to be given after due verification of anticidents of the members elected. The impugned memo. reads thus :‑ "The Managing Committee of Brahmangaon Government- aided High School which was provisionally approved, under this office 1223/EDN/14 dated 17‑9‑63 is hereby approved finally excluding Mr. Abdul Rahman Master as he has not been found suitable in the Police report. The name of the person who received the next highest vote in the guardians category should be submitted for inclusion in the Managing Committee." From the materials placed before us it is clear that the exclusion of the petitioner from the Managing Committee took place without giving him an opportunity to show cause against the police report. There is nothing in the East Bengal Secondary Education Act to show that such an order can be passed without any hearing being given to the person effected by the order. In this view of the matter, the order must be held to have been passed violating the Principles of natural justice. In the result, the rule is made absolute. It is declared that the impugned memo. so far as it relates to the petitioner, has been issued without lawful authority. The respondent No. 1 is directed to cancel the order passed by him excluding the petitioner from the Managing Committee of the School in question. As there has been no appearance on behalf of the respon dents, there will be no order as to costs. K. B. A. Rule made absolute.