- (1.) This application has been filed in connection with the appeal preferred from the order dated 16th March, 2012 passed by a learned Judge of this Court whereby and whereunder the said learned Judge disposed of the writ petition on merits upon granting liberty to the appellants/petitioners to submit reply to the notice issued by the Headmaster dated 23rd September, 2011 within two weeks from the date of the said order. The appellants/petitioners herein challenged the notice dated 23rd September, 2011 issued by the Headmaster pursuant to the direction of the Managing Committee of the school whereby the said appellants/petitioners were asked to clarify the reasons for not signing the attendance register on 8th August, 2011 inspite of remaining present in the school premises for observing the death anniversary.
(2.) It is the specific stand of the appellants/petitioners that in view of the notification issued by the Government of West Bengal on 4th August, 2011 declaring 8th August, 2011 as 'Public Holiday' in the memory of Kabiguru Rabindranath Tagore, question of signing the attendance register cannot and does not arise. The aforesaid notification issued by the Government of West Bengal dated 4th August, 2011 is set out hereunder: GOVERNMENT OF WEST BENGAL FINANCE DEPARTMENT AUDIT BRANCH No. 7842-F(P) Date-04.08.2011 NOTIFICATION In exercise of the power conferred by the explanation to section 25 of the Negotiable Instruments Act, 1881 (27 of 1881) read with Government of India, Ministry of Home Affairs Notification No. 20/25/56-Pub(I), dated the 8th June, 1957, the Governor is pleased to declare 22nd Sharbana of Bengali Year, 1418, (Monday, the 8th August, 2011) a Public Holiday in memory of Kabiguru Rabindranath Tagore. Sd/- S.K. Chattopadhyay O.S.D. and Ex-Officio Special Secretary Government of West Bengal Finance Department
(3.) In view of the aforesaid notification issued by the Government of West Bengal, appellants/petitioners herein were not required to sign the attendance register on 8th August, 2011.;