DEBANGSU BASAK, J. - (1.) The first petitioner claims itself to a minority educational institution. It claims that its right to administer the primary school run by it has been affected by the action of the Chairman, Birbhum District Primary School Council. The concerned Council has sought to appoint teachers to the school. The appointment of teachers has affected the first petitioner's rights to manage and administer a school as a minority educational institution.
(2.) On behalf of the petitioners Mr. Baid contends that, the first petitioner is a part and parcel of Narainpur Mission Girls Junior Basic School. Such school has been recognized as a minority by educational institution with effect from January 1, 1946. The first petitioner and Narainpur Mission Girls Junior Basic School are located at the same premises. The Northern Evangelical Lutheran Church is the owner of the land on which the school is situated. The school has been established and run and administered by Christians, a minority community. The school has been variously described in diverse correspondence and writings of the State authorities. The State authorities have treated the first petitioner as a minority educational institution till the complaint made to the Minorities Commission and the impugned action.
(3.) On the complaint that the educational authorities of the State Government was not according permission to the first petitioner to fill up vacant posts of teachers, the first petitioner had approached the National Commission for Minority Educational Institutions. Such complaint was registered as Case No. 284 of 2009. Such complaint was disposed of by an Order dated November 12, 2009 by the National Commission holding, inter alia, that, the first petitioner is a minority educational institution and that, the impugned action of the State Government in not granting permission to the first petitioner to fill up its vacant posts was violative of educational rights of the minorities. The State Government was directed to implement the findings of the Commission by granting permission to the first petitioner to fill up the vacant posts.;