M.M. Dutt, J. - (1.) In this appeal, the appellants, the State of West Bengal and three others have challenged the propriety of the judgment of Sabyasachi Mukharji, J. making absolute the Rule Nisi issued on the application under Article 226 of the Constitution filed by the respondents, the Daughters of the Cross and the members of the Governing Body of St. Agne's Convent School.
(2.) Respondent 1, the Daughters of the Cross, is a Society registered under the West Bengal Societies Registration Act, 1961. Respondents 2 to 10 are the members of the Managing Committee of the Daughters of the Cross St. Agnes's Convent School, popularly known as St. Agnes's Convent School situate at 1, Kings Road, Howrah. It appears that one Mrs. A. Augustine, respondent 11, was a teacher of the said St. Agnes's Convent School. She was suspended by the Principal of the School on Oct. 9, 1974 as she was found fighting with another teacher within the school premises. A notice dt. Oct. 21, 1974 calling upon her to show cause why her services should not be terminated was issued by the Principal of the school. Pursuant to the said notice, Mrs. Augustine showed cause in writing. Thereafter, a committee consisting of two members of the Governing Body of the School gave a personal hearing to her. The Governing Body at its meeting held on Dec. 8, 1974 passed a resolution terminating the services of Mrs. Augustine by giving her three months' salary in lieu of notice. Being aggrieved by the order of termination of her service, she filed a suit in the 4th Court of the Munsif, Howrah. The learned Munsif dismissed the application of Mrs. Augustine praying for a temporary injunction restraining respondents 1 to 10 from giving effect to the order of termination. On appeal against the said order of the learned Munsif, the learned District Judge granted an injunction subject to this that Mrs. Augustine was directed not to attend the school. Thereafter, during the pendency of the said appeal and the said suit, Mrs. Augustine filed the writ petition in this Court and obtained a Rule Nisi. The Rule Nisi was finally disposed of by me directing the State of West Bengal and the Deputy Director of Public Instruction for Anglo Indian School to see that the representation submitted by Mrs. Augustine against the order of her termination of service was disposed of within two months from the date of the judgment.
(3.) The Deputy Director of Public Instruction, Anglo Indian Schools, West Bengal, appellant 4 by his memo dt. Nov. 1, 1977 directed the Headmistress of the school to reinstate Mrs. Augustine in her post as a teacher of the school immediately. The authorities of the school, however, did not act in accordance with the said direction of appellant 4, as a result of which he passed an order as contained in his memo dt. Jan. 5, 1978 addressed to the Headmistress of the school stopping payment of the Government dearness allowance to the school. The said memo was followed by another memo dt- Mar. 17, 1978 containing an order issued by the Deputy Secretary to the Government of West Bengal, Department of Education. The order is to the following effect: "1. Whereas it appeals chat St. Agnes's Convent School, situated at 1, Kings Road, Howrah, has no Governing Body duly constituted in conformity with provisions of Ch. 11 of the Code of Regulations for European (now Anglo Indian) Schools in Bengal (now West Bengal), 1929. And whereas the said School has failed to maintain proper records, to maintain the desired standard of discipline and to appoint adequate number of properly qualified teachers. Now, therefore, the Government in the Education Department is pleased to appoint for the public interest, Shri K. M. Parvat, Asst. Inspector of Anglo Indian Schools as the Administrator of the said School to exercise the powers and to perform the duties and functions of the Governing Body and do all such things as may be considered necessary for proper functioning of the said School till such time as the Governing Body is duly constituted. By order of the Governor Sd/- K. P. Banerjee Dy- Secretary to the Govt. of West Bengal." On that very day that is, on Mar. 17, 1978 the said Sri Parvat, the Assistant Inspector of Anglo-Indian Schools took charge of the school as Administrator. Being aggrieved by the aforesaid orders, respondents 1 to 10 moved this Court under Article 226 of the Constitution challenging the validity thereof and obtained the Rule Nisi which, as stated earlier, has been made absolute by the learned Judge subject to some directions given by him.;