Debasish Kar Gupta, J. - (1.) None appears on behalf of the respondents No. 5 and 6 inspite of service of copies of this writ application upon them. Let the affidavit of service be kept on record. This writ petition is directed against an order passed by the respondent No. 5, the West Bengal Board of Secondary Education under its memo dated May 29, 2013. By virtue of the impugned order the West Bengal Board of Secondary Education approved the order of suspension passed against the petitioner in connection with his service as Headmaster of Jirat Colony High School, District Hooghly.
(2.) According to the petitioner the Managing Committee of Non -Government aided educational institution is the authority to pass an order of suspension in respect of a teaching and non -teaching staff of the institution concerned. But in this case the order of suspension was passed by the Secretary of the Managing Committee of the school under reference on January 02, 2013. A resolution was taken in the meeting of the Managing Committee of school under reference on January 03, 2013 approving the above order of suspension.
(3.) According to the petitioner, a written objection was filed before the respondent board challenging the validity of the order of suspension under reference on the ground that in accordance with provision of clause (viia) of sub -rule 9 Rule 28 of the Management of Recognised Non -Government Institutions (Aided & Unaided) Rules, 1969 (hereinafter referred to as the "said Rules of 1969") the Managing Committee was the authority to pass the aforesaid order of suspension. But in this case the Secretary of the Managing Committee passed the order of suspension. According to the petitioner, the above objection was not considered by the respondent board while approving the order of suspension.;