Amitava Lala, J. - (1.) In this writ petition, an interesting point has cropped up. Two names were forwarded to the concerned School as Panchayat nominees of the local Panchayat. The first name was forwarded by the President of the Panchayat Samity alone and the second name was forwarded by the President on the basis of the recommendation of the Sthayee Samity. Since the election was, held, an' office bearer election was completed taking the name of the first referred candidate. I.e. Sri Shyam Sundar Chakraborty as Panchayat nominee of the Managing Committee of the Institution, the second candidate, i.e., Sri Mridul Ghosh, the petitioner herein challenged such earlier nomination. As a result whereof, a dispute arose before this court in respect of forwarding or nominating the name of the Panchayat nominee by the President of the local Panchayat alone. A vernacular written memorandum being 871/PN/(o)/1P -20/95 dated 14.3.97 has been shown to this court for the purpose of getting appropriate clarification by both the parties. Such vernacular written memorandum is annexed being P -1 of the writ petition. It appears from there that the Deputy Secretary of Panchayat, Government of West Bengal has given a clarification in respect of giving nomination under the Recruitment Rules made for recruitment of teaching and non -teaching staff of Secondary Schools including Madrasah issued by the Director of School Education West Bengal vide Memo No. 2066 -G.A. dated 27.10.95 effective from 1.12.95. In mode of selection of selection committee under Rule 5 Sub rule IV therein I find one nominee of the Panchayat Samity for School situated in rural area is to be nominated by the Sabhapati, Panchayat Samity. This is the crux of the case, other part of the sub -rule is irrelevant for the purpose. I have a. great doubt in holding that the Recruitment Rules is the appropriate rule for the purpose of management of the non -governmental institutions. Hence I have called upon the parties to make their respective submissions in respect of the Management Rules. It has been brought to the notice of the court that Rule 6 of the Rules of Management of Recognised non -Government Institutions (Aided and Unaided) 1969 with upto date amendments says how this composition of the Committee of an Institution other than that sponsored by the State Government will be governed. It appears that the Committee will be formulated by various categories of members, i.e., one founder, one Life -Member, four guardians in respect of the School having Class XI and XII and/or Class X High Schools and two guardians in the case of Junior High Schools, one person interested in education (to be co -opted) with a proviso that in case of an Institution located within the jurisdiction of a Panchayat, one person interested in education shall be the nominee of the local Panchayat Samity. The person so nominated shall be a resident of the locality within the jurisdiction of the said Panchayat Samity.
(2.) According to me, since the dispute is in relation to formation of the Managing Committee, Managing Rules will govern the field and prevail over the Recruitment Rules.
(3.) This Rule has been framed under the West Bengal Board of Secondary Education Act. 1963 as amended upto date. Sec. 45(1) of the Act provides that State Government is empowered to make Rules for the compensation, powers and functions of Managing Committees of institutions. Therefore, one has to proceed with the legislative intention which predominates the state of affairs. Policy and object of the Rule is well founded. On the other hand. Recruitment Rules is made for recruitment process only. In any event provision as made therein is for making nominee of Selection Committee. If today the court allows filling up the vacancy of the Panchayat nominee in the Management Committee following the Recruitment Rules then the same will be hit by principle of Ejusdem Generis.;