Chandan Kumar Banerji, J. - (1.) In this writ petition the petitioners have challenged the decision of the Appeal Committee of the West Bengal Board of Secondary Education the respondent No. 1 (hereinafter referred to as the Appeal Committee) holding that it had jurisdiction to hear and dispose of the Appeal No. 75/72 preferred by Joseph D'Sa Pravu the respondent No. 4 against the authorities of the St. Xavier's Collegiate School. Calcutta (hereinafter referred to as the school). The petitioners Nos.l to 11 are members of the Managing Committee of the school who are stated to have been nominated by the Provincial Superior of the Calcutta Province of the Society of Jesus. The petitioner No. 13 is the school which is claimed to have been established by the said society of Jesus and has been and is being run, managed and administered by the Jesuits of Calcutta. It is, therefore, claimed that the school was established and has been and is being managed and administered by a religious minority community within the meaning of Article 30 of the Constitution of India. The school is an unaided Higher Secondary School and it sends up candidates for the Higher Secondary Examination held by the West Bengal Board of Secondary Education, the respondent No. 2 (hereinafter referred to as the Board). The respondent No. 4 was appointed as a lay teacher of the school in 1958. For certain acts. of indiscipline he was suspended and thereafter he was given a charge-sheet and was asked to show cause why his services in the school should ] not be terminated. The respondent No. 4 showed cause against the said charges and after considering the same the Managing Committee of the school terminated his service. The respondent No. 4 filed a suit being Title Suit No. 527 of 1972 against the school in the City Civil? Court at Calcutta, which is pending. The respondent No. 4 preferred an appeal being Appeal No. 75/72 before the Appeal Committed and prayed for ad interim stay of his suspension and dismissal. The Secretary of the Managing Committee of the school duly appeared and placed all relevant papers before the Appeal Committee and opposed the prayer for ad interim stay. The Appeal Committee decided that there was no case for ad interim stay. The school submitted its objections to the said appeal inter alia challenging the jurisdiction of the Board to exercise and control over the school and that of the Appeal Committee to entertain or hear the appeal. By a letter dated 24th January, 1973 the respondent No. 4 forwarded to the school a copy of a letter dated 20th January, 1973 issued by the Secretary of the Board a copy whereof was also subsequently received by the school from the Secretary of the Board. From the said letter dated 20th January, 1973 it was found that on the 19th December, 1972 the Appeal Committee had directed reinstatement of the respondent No. 4 and it was stated that the school was absent on the date of hearing of the appeal in spite of notice of such hearing although no such notice was received by the school. The petitioners moved a writ petition in this Court challenging the said decision of the Appeal Committee wherein a rule nisi was issued. The respondent No. 4 appeared and contested the said Rule. By an ordered dated 18th February, 1975 this Court set aside the said order of the Appeal Committee solely on the ground of violation of principles of natural justice in passing the said order while the rights and contentions of the parties in the said appeal including the question jurisdiction of the Appeal Committee were left open by the said order. At a meeting of the Appeal Committee held on the 28th January, 1976 the Rector and President of the school appeared and submitted a letter of even date before the Appeal Committee, inter alia, contending that the school was an institution founded, established and managed by Christians and was protected by Article 30 of the Constitution of India and nothing contained in the West Bengal Board of Secondary Education Act, 1963 or the rules and regulations and bye laws framed thereunder applied to the school including matters of termination of service or disciplinary action against any teacher. Thereafter by a letter dated 9th June, 1977 the Secretary of the Board forwarded to the school the decision of the Appeal Committee in the said appeal taken at its meeting held on the 18th May, 1977. The relevant portion of the said decision is set out below:- "It is on record that St. Xavier's Collegiate School, Calcutta is recognized by the West Bengal Board of Secondary Education. Since it is recognised by the Board the school is governed by the West Bengal Board of Secondary Education Act, 1963 and the Rules and the regulations made thereunder. In the instant case, the appellant has preferred this appeal before the Appeal Committee of the Board which had been constituted under the West Bengal Board of Secondary Education Act. 1963. The Appeal Committee of the Board is to hear and dispose of the appeal in accordance with the provisions of the West Bengal Board of Secondary Education (Manner of Hearing and Deciding Appeals by Appeal Committee) Regulations, 1964 framed under the West Bengal Board of Secondary Education Act, 1963.
(2.) It is also found that the name of St. Xaviers Collegiate School, Calcutta does not appear in the schedule of names of the Christian Missionary Institutions in respect of which the State Government framed special rules for their management.
(3.) That being the position, the Appeal Committee is of opinion that it has jurisdiction to hear and dispose of the appeal, being No. 75/72 preferred by Mr. J.D' Souza Pravu against the authorities of St. Xaviers Collegiate School, Calcutta.;