Decided on June 27,1983

Nanda Ghosh Dastidar Appellant


M.M.DUTT, J. - (1.) THIS application has been filed by the appellants who are the teachers of the Central Model School situate, at 220/2, Lower Circular Road, Calcutta, praying for the stay of the interim order dated May 10, 1983 passed by Barooah, J staying the operationof the order dated May 7, 1983 of the President of the West Bengal Board of Secondary Education appointing an administrator to take charge of the management of the said School. The said interim order was passed by the learned Judge while issuing a Rule Nisi on the application under Article 226 of the Constitution made by Gurh Nanak Education Trust and others, inter alia, challenging the appointment of the administrator by the President of the West Bengal Board of Secondary Education.
(2.) IN the writ application, it has been inter alia alleged that the said school is a minority school of the Sikh community in the State of West Bengal, and that in view of the provisions of Articles 26 and 30 of the Constitution the West Bengal Board of Secondary Education, hereinafter referred to as the Board, has no authority whatsoever to interfere with the right of management of the Managing Committee of the School. Further, it has been alleged that the President of the Board purported to supersede the Managing Committee of the school by appointing an administrator without giving the Managing Committee of the school any opportunity of being heard. The learned Judge, as stated already, passed the impugned interim order staying the said order of the Board appointing an administrator of the school. We are told that the learned Judge has given directions for affidavits to be filed by the parties in the Rule Nisi and fixed the hearing of the application on July 13, 1983. The teachers of the School who are not parties in the writ application have, however, filed the connected appeal and made this application praying for the stay of operation of the impugned order of the learned Judge dt May 10, 1983. The present application has been supported by the Board and the State Government. The principal contention of the appellants, the Board and of the State Government is that the school in question is not a minority school as alleged by the writ petitioners. It has been urged that the Court should prima facie decide the question as to whether the school is a minority school or not within the meaning of Article 30 of the Constitution. In support of the contention that the school is not a minority school, it has been urged on behalf of the appellants that there is no provision in the school for teaching Punjabi language to the students, nor does the academic curriculum of the school include any religious teaching.
(3.) IN the affidavit -in -opposition filed on behalf of the Board, it has been alleged that the school was established in 1955 as a general school not connected with any religious or linguistic minority or any religious or educational trust, and that 16 years after the establishment of the school, a private trust being Guru Nanak Education Trust was created for the management of the school. It has been submitted that by virtue of such trust the school does not come within the purview of Articles 26 and 30 of the Constitution and is not entitled to any benefit or privilege conferred by the said Articles on the ground of religious and linguistic minority.;

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