P.K.Ray, J. - (1.) In this writ application, the Managing Committee of a school which was reconstituted in terms of the election held on 19.12.99, has challenged the decision of the President, West Bengal Board of Secondary Education dated 9.8.2000 as communicated by memo No. S/461/2 dated 9.8.2000 by the Secretary, West Bengal Board of Secondary Education. By the impugned order, the President, West Bengal Board of Secondary Education, upon exercising his emergency power under section 28(2) of the West Bengal Board of Secondary Education Act, 1963, appointed an Administrator in the management of Chetla Boys' High School. This order was passed by the President, West Bengal Board of Secondary Education (hereinafter referred to as the said President for the brevity) admittedly without hearing the Managing Committee which started to function with effect from 31.5.2000 upon holding office bearers election.
(2.) This writ application is being opposed by the West Bengal Board of Secondary Education and the Headmaster of the school in question. It appears from the impugned order that the said President passed the order holding, inter alia, to the effect; """ In compliance with the order of the Hon'ble High Court mentioned above and in consideration of the views of the D.S.E.I, President, West Bengal Board of Secondary Education in exercise of the powers conferred upon me under section 28(2) of the West Bengal Board of Secondary Education Act, 1963, as amended and keeping in view the observation of Hon'ble Court at Calcutta, hereby appoint Sri. Jitendra Nath Goswami, A.I of School (SE), Calcutta to act as Administrator of Chetla Boys' High School, Calcutta-27 "" "
(3.) The order of Barin Ghosh, J, as relied upon was quoted as a reason for such appointment of Administrator.;