Emperor Vs. Madho Singh

.....schools (conditions of service) regulations act, 1978 [act no. 3/1978]. sections 9 & 2(21): jurisdiction of school tribunal whether a school run by cantonment board is not a recognised school within the meaning of section 2(21)? - held, the act is enacted to regulate recruitments and conditions of employees in certain private schools and provisions of the act shall apply to all private schools in the state whether receiving any grant-in-aid from the state government or not. private school is defined in section 2(2) of the act as a recognised school established or administered by a management other than the government or a local authority. recognised means recognised by director, the divisional board or state board. thus as far as the first part of the definition of being recognised is concerned, it includes, as stated above, four directors, the divisional boards and four state boards. the second part of this definition which comes after the comma refers to any officer authorised by director or by any of such boards. the question to be examined is whether school run by the cantonment board could be said to be one run by any such boards. a private school has to be recognised by the state or the divisional board or by any officer authorised in that behalf. when this phrase namely: recognised by any officer authorised by the director or by any such boards, is included in the latter part of section 2(21), such boards will be of the level of the state board or the divisional board. the boards referred to in the definition of the word recognised means the boards which deal with education at levels other than that of the level at which primary schools are operating. thus for being recognised, the school has to be recognised by the board and therefore, it has to be operating at a higher level i.e., secondary level. section 2(21) of the act defines the term recognised. the last clause therein is by any of such boards. the term such is defined in oxford dictionary as.....piggott, j.1. the real question raised by this reference is whether this court will interfere in revision with an order of acquittal passed by a magistrate of competent jurisdiction, on a prosecution for an [alleged offence under section 225 b of the indian penal code, irregularly instituted on a report sent in by the munsif of fatehabad which was treated as a complaint. this question i answer in the negative; the magistrate was substantially right in his view of the law and is to be congratulated on his handling of the case. the learned sessions judge has referred the matter to this court in order to obtain a ruling on two questions of law. i would not encourage the submission offreferences with this object in view when the sessions court does not really dissent from the actual decision arrived at. in this instance, however, i am prepared to answer the questions as stated in the referring order. to the first question the answer is that the 'servant of the court' should file a complaint in the ordinary way. to both parts of the second question the answer is 'no.' let the record be returned.