1999 (5) TMI 616

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....e relevant Rules he is to dispose of the panel within thirty days from the date of receipt of such panel, it should be deemed that the panel was duly prepared by the school authorities and there is no legal impediment to approve the said panel. Accordingly, the District Inspector of Schools concerned is directed to accord approval of the said panel, positively within a period of font weeks from the date of communication of this order". ( 2. ) Mr . Ali, learned Counsel appearing on behalf of the appellant, has, Inter alia, drawn this Court's attention to the statements made in Paragraph 7 of the stay application which is to the following effect "- "That on 29.9.1997 or 30.2 1997 panel was submitted to the District Inspector o....

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....g to approval of panel sent to him by the Managing Committee within a period of 30 days from the date of receipt thereof. But the learned Trial Judge in our considered opinion, proceeded wholly on a wrong premise that the same is mandatory in nature. It is well settled principle of law that where a statutory functionary is asked to perform a statutory duty within the time prescribed therefor, the same would be directory in nature and not mandatory. Reference in this connection may be made to a Full Bench decision of Patna High Court in Shiveshwar Prasad Sinha v. The District Magistrate of Monghyr and Anr. AIR 1966 Patna 144. reported in AIR 1966 Patna 144. In view of the settled principle of law, there cannot be any doubt that the learned t....