In Re: Kalyan 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.....blair, j.1. this is a petition for revision. i am invited to lay down the general proposition that a magistrate having before him formally and categorically evidence which discloses a case for trial in some court to which such magistrate might in his discretion commit, is bound so to commit, and that he is wrong in point of law in exercising a discretion and considering the sufficiency of the evidence. the proposition is dangerously large. it is not the practice of magistrates within the range of my experience, nor i have heard the law so laid down in england. that is the only question i have to answer, for it is not in this case suggested that the magistrate who refused to commit did not exercise a judicial discretion when he found that there were not sufficient grounds for commitment. the petition is dismissed.