Aloke Chakrabarti, J. - (1.) This writ petition was filed by the Association of Heads of Anglo Indian Schools being a registered society challenging the amendment incorporated to regulation 24 and introducing regulation 24A in the Code of Regulations for Anglo Indian and other listed Schools, 1993. The said amendment provided for an appeal for the employees dismissed, removed or reduced in rank by the employer also prescribing the appeal forum and the procedure to be followed by it. Such amendment was published in the Extra Ordinary Calcutta Gazette dated April 28,1999.
(2.) Contention of the writ petition is that the said provision of appeal from a disciplinary action by the management of the institution takes away the right of management from the governing body of the school who are enjoying the protection under Article 30(1) of the Constitution of India as a minority community.
(3.) The facts relevant for deciding the present writ petition are that the code of regulation was framed originally in the year 1929 having no provision for appeal from any disciplinary action against any teacher by the governing body of a school. Notification was issued by the Government of West Bengal on December 24, 1993 framing new regulations which were published on January 21,1994. The present petitioner filed writ petition challenging principally the proviso to regulation 24(f) of the said regulation wherein a provision of appeal was introduced. By the judgment and order dated September 1,1994, reported in (1 )1994 (2) CHN 391 writ petition was allowed by the learned Single Judge of this Court holding, inter-alia, that proviso to Clause 24(f) of the said regulations is inapplicable to the Anglo Indian Schools in West Bengal which are minority institutions as it offended the guarantee contained in Article 30(1) of the Constitution. The appeal Court by its judgment and order dated December 21, 1994 reported in 1995 (1) CLJ 351 as regards the said aspect held that Clause 24(f) is inapplicable to minority institutions. Government of West Bengal issued notification dated November 17,1998 substitution the proviso to Clause 24(f) of the said regulations of 1993 by a new proviso and introducing new clause 24A constituting a Tribunal for deciding such appeals and the same is subject matter of challenge herein.;