BIMAL KUMAR CHATTERJEE Vs. PRESIDENT, WEST BENGAL BOARD OF SECONDARY EDUCATION
LAWS(CAL)-1970-5-34
HIGH COURT OF CALCUTTA
Decided on May 08,1970

Bimal Kumar Chatterjee Appellant
VERSUS
PRESIDENT, WEST BENGAL BOARD OF SECONDARY EDUCATION Respondents

JUDGEMENT

P.K. Banerjee, J. - (1.) In this Rules the Petitioners challenge an order of supersession of the Managing Committee of the school dated October 7, 1969, made by the President of the Board of Secondary Education under Sec. 28(2) read with Rule 6 of the Rules framed in 1960.
(2.) The Petitioner No. 1 is the Secretary and the Petitioner No. 2 is the President of the Managing Committee along with the Government nominee. It is stated in the petition that the school is a non -Government aided school, recognised by the West Bengal Board of Secondary Education. It is stated that the said Managing Committee of the school was elected in December 1965 for a term of three years and it was duly approved by the Respondent No. 7, West Bengal Board of Secondary Education and since then the Managing Committee has been functioning as such. It is stated further that the term of the said committee was to expire on December 16, 1968, and the Managing Committee, it is alleged, was taking steps for holding the election of a new Managing Committee. It is also stated that the Managing Committee was duly prepared to publish the notice for the holding of the election of the Managing Committee. On September 12; it is alleged that the teachers went; on strike and, it is also stated, because of the situation then prevailing the Head Master of the school postponed the election. The Managing Committee again, in meeting on November 23, 1968, resolved that the election of the Managing Committee would be held before December 1968. It may be mentioned here that the Managing Committee applied for extension of the term of the Managing Committee by letters dated November 23, 1969 and November 26, 1968, for one year in order that the election may be, held in the meantime. The letters are annexes. E and F to the petition. The letter was not replied to by the Board at all. The Board, however, continued to deal with the existing Managing Committee in all matters relating to the school. It is stated that the Board communicated the extension of recognition of the school as Class XI upto December 31, 1970, and also granted permission to present students for Higher Secondary Examination upto 1971. It is also stated, between December 1968 and October 1969 grant -in -aid was paid to the said Managing Committee by proper authorities for the purpose of the school. On May 27, 1969, however, the Board by circular No. 10 of 1969 informed all the recognised schools in West Bengal that the Government was contemplating to make new rules and stated that the Managing Committee should be reconstituted according to the new rules to be finalised.
(3.) Thereafter, it is stated that a new rule was promulgated with effect from July 15, 1969. As it has already been stated that on October 7, 1969, the President of the Board of Secondary Education superseded the Managing Committee and appointed the Respondent No. 4 as an Administrator of the school. The Petitioners moved this Court on October 15, 1969, and obtained the present rule and injunction.;


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