- (1.) BACKDROP: In 1930 late Ramrick Das Haralalka established a hospital in his name. He also established educational institution, erected temple, bathing place (ghat) in various parts of South Calcutta. In 1936 he set up educational institution for Hindi Speaking Linguistic Minority community in the city. As per the direction of University of Calcutta, Ramrick established Hindi High School at 4, Padda Pukur Road. Time to time, various schools were established by him and his successor both before and after independence of our country. Those institutions are recognized as Adarsh Hindi High School. We are told, there are about fourteen institutions however, the present appeal would relate to only one or two institutions as the others would not have any controversy, at least not brought before us. In 1950 the founders, donors and guardians of the students of Adarsh Hindi School passed a resolution to form a Trust to administer the affairs of the school.
(2.) The assets and properties belonging to the school vested in the said Trust. The Trust thereafter established schools of the like nature at Tollygunge, Kidderpore and Behala. By letter dated December 29, 1977 the West Bengal Board of Secondary Education appointed administrator over the Bhowanipore School and by a subsequent letter dated May 19, 1975 they also appointed administrator over the girls' section of the Bhowanipore School. In 1979, the Board approved the special constitution for Kidderpore branch. By a separate letter dated November 13, 1978 the Board also approved the special constitution for Bhowanipore branch. The similar approval was given in respect of Tollygunge branch vide letter dated November 20, 1978.
(3.) In 1981, the appellant filed a writ petition for setting aside the appointment of administrator. The Learned Single Judge directed the administrator to hold election as per the special constitution. The series of litigations pertaining to the administration of the school inter-alia challenging the appointment of administrator and action done by him, would result in various directions from this Court that we would be referring to as and when relevant. In 1984, the trustees filed litigation inter-alia demanding special treatment under Article 30 of the Constitution that ultimately culminated in an order of the Apex Court appointing adhoc committee for three schools vide order dated July 21, 2000. The trustees further applied before the Apex Court for extending the identical benefit to the remaining ten schools. Vide order dated October 28, 2003 the Hon'ble Apex Court remitted the matter back to this Court for fresh consideration in the light of a decision of the Apex Court in the case of T.M.A. Pai Foundation amd Others Vs. State of Karnataka and Others, 2002 8 SCC 481. Accordingly, the Division Bench considered the matter and held, the appointment of administrator was in violation of the direction of the Apex Court. The Division Bench formed adhoc committee to be constituted for each school. Accordingly, the appeal came up on remand to this Court that we heard on the above mentioned dates.;