Khwaja Mohammad Yusuf, J. - (1.) The petitioner has made two fold prayers for quashing the letter dated 11th August, 1990 written by Miss Shukla Bhattacharjee, Headmistress and Secretary to Subhas Chandra Mallick, Member of the School's Governing Body and a Memo dated 29th August, 1990 written to Subhas Chandra Mallick by the Sub-Divisional Officer, Bongaon, North 24-Parganas. The Mother Tereas School (K.G. System) is the petitioner represented by Sri Subhas Chandra Mallick, Secretary of the School. It is admitted position that the School is a private, non-Government and unaided School which was established in 1979. It has a Governing Body formed according to its own Rule and Regulations and procedures of the School. It is also admitted that there was some internal dispute and this led to the resignation of Miss Shukla Bhattacharjee, the Headmistress, Respondent No. 4, who was also the Secretary on 10th July, 1989. It is also admitted that the Headmistress was requested to withdraw her resignation in the interest of the School to settle the dispute but she refused to do so and the Chairman of the Governing Body had to accept her resignation on 20th August, 1989 (but the learned Advocate of the petitioner submitted that the date should be 3rd January, 1990) and on 3rd January, 1990 Sri Subhas Chandra Mallick was selected as Secretary of the School by majority votes. There is allegation that the Headmistress was backed by the Sub-Divisional Officer, Bongaon, in her illegal activities. Thereafter show cause notice was served upon the Headmistress but she did not care to submit any show cause. It is the further case of the petitioner that by a letter dated 11th August, 1990 the Headmistress claimed herself to be the Secretary of the School and directed the newly selected Secretary to return back the school property and money. It is further stated that by the Memo of 29th August, 1990 the Sub-Divisional Officer has encouraged the Headmistress and brought the administration of the School to standstill to the serious prejudice of the students.
(2.) From the Affidavit-in-Opposition filed by the Headmistress it appears that pursuant to the request of the Chairman by letter dated 19th July, 1989 the Headmistress on 3rd August, 1989 withdrew her resignation and extended all co-operation to the Chairman. But from the Minutes of the Governing Body of the School dated 3rd January, 1990 as enclosed in the writ petition it appears that as no response was available from the Headmistress from withdrawing the resignation, consequently the Chairman accepted the resignation. From the same minutes it is also clear that the letter of withdrawal of resignation by the Headmistress was duly received by the School authorities and after perusal of the same it was unanimously resolved that the question of withdrawal did not arise when the Chairman had already accepted her registration and that was approved by the Governing Body and then and there in the same sitting of the Governing Body Subhas Chandra Mallick was made the Secretary. Immediately thereafter on 5th November, 1990 the Chairman wrote to the Clerk-cum-Teacher of the School that as Miss Shukla Bhattacharjee was no more the Headmistress so he should collect the money and keep a clear account of the same and not to deposit any sum in the bank until further orders. Even thereafter it appears, according to the petitioner, that the sum of Rs. 5,630/- was received by the Headmistress on 21st September, 1990.
(3.) Mr. Ghosh, the learned Advocate appearing with Mr. Bari for the Headmistress, strongly denied the allegations made by the petitioner and raised a preliminary point that the writ application is not maintainable. He submitted that the Mother Teresa School is a private institution and is non-Government as well as unaided. It is already accepted by Mr. Islam, the learned Advocate of the petitioner, that the School is private, non-Government and unaided and has a Special Constitution of its own and everything is being done according to the Rules and Regulations as framed by the School authority. In spite of my repeated requests, Mr. Islam failed to produce the "Special-Constitution" or the Rules and Regulations governing the School.;