Sen, J. - (1.) : In the case of Subodh Chandra Dewan v. Managing Committee, Belgachia Mahatma Aswini Dutta Vidyapith, Belgachia and Ors., reported in 75 CWN 21, P. K. Banerjee, J. has held that no writ under Article 226 lies against the Managing Committee of the School. In that case the Headmaster of the School was removed by the Managing Committee from the post of the Headmaster of the School and Headmaster made an application to this Court under Article 226 of the Constitution for the issue of appropriate writs for quashing the said order of his removal and for other reliefs. P. K. Banerjee, J. refused to issue any rule holding that no writ would lie against the Managing Committee. P. K. Banerjee, J. in his judgment has held for reasons stated in his judgment that the Managing Committee is not a statutory body and as such no writ could be issued against the Managing Committee under Article 226 of the Constitution. P. K. Banerjee, J. has observed at page 25, ?In a writ proceeding, in my opinion, for an issuance of a writ against any authority it must be a statutory body and the statutory body must have acted contrary to the statutory rules or regulations.?
(2.) In the present case the petitioner who happens to be the Headmaster of Jhilimili High School has been removed by the Managing Committee of the said School. The Headmaster has presented the present petition for setting aside, canceling, rescinding and quashing the order of his dismissal and for other appropriate writs, challenging the validity of the order of his dismissal. The present petition came up for hearing before Anil Kumar Sen, J. In view of the decision of P. K. Banerjee, J. in the case of Subodh Chandra Dewan, Anil Kumar Sen, J., was pleased to refer the matter to a larger Bench by his order dated 19.2.1973. While referring the matter to a larger Bench, Anil Kumar Sen, J. does not appear to have expressed any views on the question. The learned Chief Justice was pleased to assign the matter to the Bench presided over by me and the matter, has, therefore, come up for consideration before this Bench.
(3.) At the outset I wish to observe that in this proceeding we are only considering the question whether a writ under Article 226 lies against the Managing Committee of any non-Government School affiliated to the Board of Secondary Education in respect of any order of the Managing Committee which has the effect of adversely affecting the employment of any teacher of the institution, whether by termination of his employment or otherwise, and we are not adjudicating upon any other question on the merits of the order passed. The question before us really is as to whether the teacher of a non-Government School, who makes any grievance against the Managing Committee thereof in respect of its order affecting his employment as teacher, by termination of his employment by dismissal or by prejudicially affecting his employment otherwise, can invoke the jurisdiction under Article 226 of the Constitution for redress of the grievance. In the present proceeding, we are only concerned with this question.;