- (1.) The short point which has fallen for consideration in this writ petition is, as to who amongst the Secretary and the Joint Secretary of the Managing Committee of a school will be the custodian of the school records, viz., Resolution Book, Notice Book, Pension Book and Service Book of teaching and non-teaching staff, deeds relating to land owned by the school etc.
(2.) Mr. Sadananda Ganguly, learned Advocate, a'ppearing for the petitioner, pointed out that Rule 27 of the Management Rules specifies as to who will the custodian of the school records. Mr. Ganguly submitted that under the said Rule, the Secretary shall be in charge of the invested funds, title-deeds and other legal documents belonging to the Institution.
(3.) The relevant Rule, viz., Rule 27 of the Management Rules is set out herein ;- "Documents- (1) The Secretary shall be in charge of the invested funds, title- deeds and other legal documents belonging to the Institution. All papers relating to the Institution shall be made available at any time for inspection after due notice by the members of the Committee, or any person authorised by the Board or the Committee or by the Director, Auditor or an officer authorised by the Education Department of the State Government. In all Institutions with pucca buildings, all papers, documents and accounts shall be kept in the premises of the Institution. (2) The accounts of the Institution shall be operated jointly by the Secretary and the Joint Secretary. All bank transactions should be over the joint signatures of both the Secretary and the Joint Secretary. In the event of a vacancy in either office, the President of the Committee and in the absence of the President any other member of the Committee, authorised by the Committee by a resolution, shall operate the bank account on behalf of the incumbent absent: Provided that the State Government may, by order in writing, (a) authorise any other person or persons to operate the accounts of the institution and/or to carry out bank transactions : or (b) authorize the Director to appoint an officer under him to operate such accounts and/or to carry out such transactions. (3) If the District Inspector of Schools (Secondary Education) is satisfied that circumstances exist in which payment of grant-in-aid through the fund of the institution is not expedient, the District Inspector of Schools (Secondary Education) may authorise an Inspector of Schools (Secondary Education) may think fit.";