Commonwealth ex rel. Pittenger v. Leechburg Area School Board

Opinion by

Judge Rogers,

The State’s Secretary of Education and its Attorney General have sued the Leechburg Area School Board in mandamus seeking an order requiring the defendant to modify its calendar for the 1974-1975 school year by adding four days of instruction lost in September 1974 as the result of a lawful teachers’ strike. The defendant has filed an answer and new matter and the plaintiffs a reply to new matter. The case is before us on the plaintiffs’ motion for judgment on the pleadings.

Section 1501 of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, provides:

“All…