- (1.) This application has been filed by the Managing Committee and the Teacher in-charge of Patha Bhawan School for recalling of an order dated 31st July, 2019.
(2.) The grounds taken by the applicants for recalling of the said order are three. First, according to the applicants, the notice of the writ petitioner for moving the writ petition was served on the erstwhile Teacher in-charge of the school on 27th June, 2019 stating that the writ petition will be moved on 1st July, 2019. The school was closed on the following day i.e. on 28th June, 2019 on the occasion of foundation day and 29th June and 30th June, 2019 were closed for Saturday and Sunday respectively. The Teacher in-charge of the school, Santana Ray retired on 30th June, 2019 upon attaining the age of superannuation and the new Teacher in-charge, who has affirmed the application assumed charge on 1st July, 2019.
(3.) Learned counsel for the applicants submits that the new Teacher in- charge did not have any knowledge of the proposed writ petition and no further notice was served either on the present Teacher in-charge or on the respondent school authorities. The second point taken is that Rule 28 of the Management Rules pertaining to the Management of Recognized Non-Government Institutions (Aided and Unaided) Rules, 1969 upon which the order is based have been modified as on 8th March, 2018 to the effect that the powers of Committee under Rule 28 have been deleted. It is submitted that on the date of the order i.e. on 31st July, 2019, the Committee did not have any power to remove or terminate the services of a teacher of an aided and unaided institution. Third, counsel submits that the post concerned is of a purely contractual nature and the petitioner could not be given any sanctioned post under the school as stated in the Writ Petition. It is disputed that the petitioner was given any extensions for continuation of her service. Counsel relies on Satpalsa High School vs. Krishna Ram Bhattacharya , reported in 2018 (1) CHN (CAL) 222 on the point that a mandatory order cannot be passed in a writ petition without giving an opportunity to the other side to appear and present its case.;