KANAI BHOWMICK Vs. PRESIDENT BOARD OF SECONDARY EDUCATION WEST BENGAL
LAWS(CAL)-1983-6-21
HIGH COURT OF CALCUTTA
Decided on June 21,1983

KANAI BHOWMICK Appellant
VERSUS
PRESIDENT BOARD OF SECONDARY EDUCATION, WEST BENGAL Respondents

JUDGEMENT

B. G. RAY, J. - (1.) This Rule is directed against an order of supersession passed by the executive committee of the West Bengal Board of Secondary Education under clauses 3(e) (iv) of section 19A of the West Bengal Board of Secondary 'Education Act, 1963 as amended in 1979 at its 13th meeting held on 28.5.82 superseding the managing committee of Naikuri Dharanidhar Balika Vidyalaya, Midnapore and appointing the Sub Inspector of Schools, Tamluk South Circle to act as Administrator of the said school 1 in its place with immediate effect for a period of six months or until further orders whichever is earlier challenging the same on the ground that the order of supersession is bad as it has been made in utter violation of the principles of natural justice and the appointment of Administrator that has been made is also wholly bad and unwarranted.
(2.) Out of the 15 members of the managing committee nine members of the managing committee moved the instant writ application before this Court and obtained a Rule and an interim order on 3.9.82. The interim order was to the effect that the respondents were restrained from giving effect or further effect to the order dated 11.8.82 mentioned in annexure E to the petition. Respondent no. 6 was also restrained from taking charge of the office of the Administrator of the school until further orders. On 6.6.82 this interim order however was varied after hearing the learned Advocates for both sides to the extent that the Administrator already appointed having taken charge of the office would continue to run the administration of the school and would take immediate steps for disbursement of the emoluments of the members of the teaching and non teaching staff of the school. This variation of the interim order was made however subject to- the decision of the Rule.
(3.) The petitioner has pleaded in the petition that a show cause notice which was received by the headmistress of the school i.e. respondent no. 7 who had forwarded the notice to show cause why an order of supersession should not be made issued by the Sec. of the West Bengal Board of Secondary Education to the Secretary of the managing committee of the school i.e. the petitioner no. 1. It has also been stated that the Headmistress was in collusion with the Board and in fact the Secretary of the Board, while the petitioner, after submission of the show cause petition pursuant to the show cause notice met him at his request, he persuaded the petitioner to withdraw the application that was filed and Rule obtained from this Court against the accord of approval to the appointment of respondent no. 7 Sm. Kabita Mitra as headmistress of the aforesaid institution by the Director of Secondary Education, Govt. of West Bengal. It has also been pleaded that the order of supersession has been made without giving the petitioners copies of the reports referred to in the said order of spersession and as such the petitioners did not get an effective opportunity of hearing and showing cause against the proposed order of supersession. It has been further stated that the order of supersession that has been made by the executive committee of the Board is also bad inasmuch as one of the grounds stated therein was that the headmistress of the Institution did not attend the meetings held by the managing committee though it was well known that against the approval accorded to the appointment of respondent no. 7 as headmistress a Rule was obtained by the members of the managing committee of the school from this Court and this was pending for decision in this Court. On all these grounds the instant writ application was moved before this Court and a Rule and interim order as stated hereinbefore were obtained from this Court. During the pendency of the Rule an application was filed on behalf of the petitioners bringing to the notice of the Court that an order has been made by the President of the Board u|s 28(2) of the W. B. Board of Secondary Education Act, 1963 whereby the term of the Administrator was extended for a period till sometime in July 1983 and this order was made on 23.2.83 even though according to the petitioners the original term of six months expired on 1012.83. It has therefore been prayed that an interim order be made restraining , the respondents from giving effect to this order extending the term of the Administrator made by the President of the West Bengal Board of Secondary Education on 23.2.83. An affidavit in opposition has been filed on behalf of respondent no. 7 but no affidavit in opposition has been filed on behalf of the Board on a reply to the affidavit in opposition filed by respondent no 7 has also been filed by the petitioner.;


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