Nirendra Krishna Mitra, J. - (1.) The petitioners, claiming to be the guardians of their wards in the Krishnath College School in the District of Murshidabad, have challenged in this Civil Order the legality and the validity of the Notification dated 13th January, 1989 issued by the Education Departmeat, Government of West Bengal, and the Memo Nos. 45/89-Edn. (S/7C-32/86) and 1104-Edn. (S/C-32/86) dated 13th January, 1989 and 19th December, 1988 respectively, issued by She Assistant Secretary, Education Department (Secondary Branch), Govt, of West Bengal, thereby declaring the Krishnath College School at Berhampore, Dsst. Murshidabad as a Government sponsored Institution.
(2.) The petitioners have claimed inter alia, in the present civil order, that they are the guardians of their wards, who are students in the Krishnath College School which is a very old but highly reputed educational institution not only in the District of Murshidabad but also in West Bengal, and all through the same is being managed by reputed educationists and the said school was founded through private aids and donations and was not established or founded by the State of West Bengal at all, Since the West Bengal Board of Secondary Education Act, 1963 had come info force, the school also started getting the grant-in-aid like other recognised Non-Government Institutions. The Managing Committee of the said school, by its letter dated 19th January, 1938, had applied before the West Bengal Board of Secondary Education praying for extension of the life of the Managing Committee of She said School, but before any decision was arrived at in the matter, the District Inspector of School Education, West Bengal by his Memo No. 723-SC/S dated 22nd March, 1988 intimated the Managing Committee of the said school that She Assistant Inspector of Schools Murshidabad bad been appointed as the drawing and disbursing officer of the said school sad subsequently, the Secretary, West Bengal Board of Secondary Education, by his letter dated 22nd April, 1988, intimated the Managing Committee of the said school, that the President of West Bengal Board of Secondary Education has appointed the District Magistrate Murshidabad as the Administrator of the said school in supersession of the Managing Committee. Challenging the said order of supersession of the Managing Committee by appointing an Administrator, the petitioner No, 1 along with other members of the Managing Committee of the school moved a writ application in this Hon'ble Court which was disposed of by the Hon'ble Mr. Justice Mahitoah Majamdar on 16th May, 1988, observing inter alia, that since the application for extension of the term of the Managing Committee of Krishnath College School, had not yet been disposed of, She order of supersession- passed by the President, West Bengal Board of Secondary Education, as communicated by the Secretary of the said Board being the impugned order of supersession was stayed. The disbursing officer appointed earlier would remain. The District Magistrate shall act as the Special Officer and he could act in consultation with the Managing Committee till the disposal of the application for extension. In case, the said application is rejected, the order appointing Administrator shall fake effect. All out efforts shall have to be made to reconstitute the managing committee of the said school within six months. The District Inspector of Schools, shall entrust a person for preparing the voters list and he would act in consultation with the senior most teacher of the said school in the matter.
(3.) Against the said order of His Lordship, an appeal being F.M.A.T. No. 1722 of 1918 was preferred in this Hon'ble Court along with an application for stay of operation of the said order of the learned trial Judge which application, however, was dismissed for default on 21st December, 1988, by the Division Bench presided over by the Hon'ble Mr. Justice M. N. Roy and the application for restoration was also dismissed for default on 1st March, 1989.;