A.Lala, J. - (1.) This writ petition is made challenging the order of appointment of an Administrator in respect of Siliguri Hindi High School (Girls section). It appears to me that three persons have made this writ petition. One is Siliguri Hindi High School, a Society registered under the Societies Registration Act, 1961; 2nd is the Secretary of such School and the 3rd is the Secretary of Siliguri Hindi High School (Girls section) recognised as Siliguri Hindi High School for Girls. Mangturam Road, Siliguri, District Darjeeling. It is categorically contended by Mr. S. Bhunia, learned Senior Counsel appearing on behalf of the petitioners in support of this writ petition that the Siliguri Hindi High School for boys is a linguistic minority Institution as obviously governed by the Special Constitution. I also find that in W.P. 2234(W)/ 1998 a single Bench of this Court was pleased to deliver a judgment on 7.4.98 in favour of the petitioner. According to the petitioner, against the said judgment and order, an appeal was preferred by the concerned respondents and the same is pending before a Division Bench of this Court. However, such Appeal Court was pleased to pass an interim order of status quo.
(2.) The learned counsel for the petitioners has submitted before this Court that Girls section of the Institution is a part and parcel of the original Institution on which an appeal is pending. Both cannot be separated from each other. The order to be passed by the Appeal Court will be binding both the boys and girls section of the Institution. But he is not eager to make any submission in respect of the appeal nor he can do so. He is, by making this writ petition, eager to submit that under this circumstances no order for appointment of an Administrator can be given effect to without any opportunity of hearing by the Board prejudging the issue whether the Institution is linguistic Institution or not. Above all, by virtue of a Division Bench Judgment of this Court reported in AIR 1996 Cal 240 (Panchanan Mondal and Ors. v. West Bengal Board of Secondary Education and Ors.), two pre-conditions are to be fulfilled as conditions prescribed for the purpose of an appointment of Administrator which are as follows: (a) the report as regards mismanagement of the affairs of school; and (b) compliance of the principles of natural justice.
(3.) Since both the conditions were not fulfilled by the respondent-Board, the Administrator cannot continue his function in the school in the manner as it has been done. He also cited two other judgments of the Supreme Court. One is reported in 1998(8) SCC 194 (Basudeo Tiwary v. Sido Kanhu University and Ors.) wherein it was held in para 10 that in order to impose procedural safeguards, the Court has to read the requirement of natural justice in many situations when the statute is silent on this point. Two-fold submissions have been by Mr. Bhunia, learned counsel for the petitioners that one is the requirement of natural justice and other is salience of the statute. According to him, the Circular No. 553-Edn(S) dated 26.4.78 covered the field of linguistic minority since the same is not available under the Management Rules made for the Secondary Institutions. He also referred the second judgment which is reported in 1998(8) SCC 555 (Board of Secondary Education and Teachers Training v. Jt. Director of Public Instructions Sagar and Ors.) by saying that the right of minority is flowing from the Articles 30 of the Constitution of India itself. Therefore, such right cannot be ignored by any Rules and Regulations or by any enactment made by the State.;