K.J. Sengupta, J. - (1.) By this petition, the petitioners being the teachers of Ramkrishna Mission, B.T. Centenary College, Rahara, 24 Parganas (North) (hereinafter referred to as the said College) had challenged initially the appointment of respondent No.10 (wrongly mentioned as respondent No.9), one Swami Shivamayananda as Principal and respondent No.16, one Swami Divyananda as Honorary Vice Principal of the said College and also for writ of prohibition, prohibiting the said respondents from acting as Principal and Vice Principal respectively and also for writ of mandamus commanding the respondents and each of them to appoint the petitioner No.1, viz. one Dr. Biman Kumar Mukherjee being the senior most teacher as Teacher-in-charge in terms of the order dated 1st January, 1995. Thereafter on changed circumstances challenge was made apart from against Swami Shiyamayananda now respondent No.9 and Swami Divyananda now respondent No.10, against appointment of one Swami Sukhdevamanda, Respondent No.11 as Acting Vice-principal and Acting Principal. The fact of the case is summarised hereunder:
(2.) The said College is a Government-sponsored institution as it is being totally financed by the Government of West Bengal. Therefore, the College is to be run in all respects as per relevant Acts and statutes prevalent in the State and the rules framed thereunder. The said College is also affiliated to the University of Calcutta. According to the petitioners the recruitment of the teaching staff including that of the Principal has to be made in accordance with the provisions of the West Bengal College Service Commission Act, 1978 (hereinafter referred to as 1978 Act) and the teachers appointed thereby will have to be given all protection and privileges as admissible under the West Bengal College Teachers (Security of Service) Act 1975 (hereinafter referred to as 1975 Act). Moreover, the provisions of Calcutta University First Statute 1979 relating to control and services, appointments and rules of business of the colleges in the State including all Government-sponsored colleges will also be applicable.
(3.) On 23rd August 1980 in clear breach of the aforesaid provision of the law (1978 Act) one Swami Sivamayananda (respondent No.10) was appointed Principal of the College. The said appointment was challenged by a writ petition in 1981, being C.O. No.12837(W) of 1980. In the said writ petition plea was taken by the respondents that institution enjoys separate status as being an institution run by Religious Minority. So, protection was sought for under Article 30 of the Constitution of India read with Article 26 thereof. This writ petition was dismissed by the learned Trial Judge. However on appeal the Division Bench of this Court did not grant any relief. So, appeals were preferred before the Hon'ble Supreme Court of India. During pendency of the appeal before the Supreme Court respondent No.16 herein, on 14th September 1984 was appointed as Honorary Vice Principal of the College in total violation of the said Acts, statutes and rules.;