B.C.Mitra, J. - (1.) This writ petition is before us for disposal because of an order made by Mr. Banerjee, J. on July 15, 1965. The Administrator of the Board of Secondary Education, West Bengal, made an order superseding the managing committee and appointing an administrator for Bonpas Siksha Niketan, Burdwan, to take over charge of the school. The reasons for the appointment of the administrator of the school were : (1) Grave financial irregularity and (2) non-representative character of the managing committee of the school.
(2.) Sinha, J., held in Makhanlal Chakravarty v. S. K. Chatterjee reported in 58 CWN 617 that the Executive Council of the Board of Secondary Education had the power either to appoint an Ad-hoc Committee or an administrator to take over the administration of a school. It was argued by the learned Advocate for the petitioners before Mr. Banerjee, J. that Section 36 of the West Bengal Secondary Education Act, 1950 (hereinafter referred to as the Act) only empowered the Board to supervise the administration of high schools through inspection and issue of directions. The Board of Secondary Education might, it was argued, delegate such a power to the Executive Council or the Administration of the Board. Power was also provided by the Act to take disciplinary action against high schools or teachers or students of such schools. It was further submitted that the extent of the power might include affiliation and disaffiliation of a school, but did not include the right to expropriate school property in the garb of supersession of the Managing Committee. Having regard to these submissions by the learned Advocate for the petitioner, Banerjee, J. was of the opinion that he should not consider the matters sitting singly as he might have to dissent from the said judgment of Sinha, J., and therefore, under proviso (1) to Rule 1 of Chapter II of the Appellate Side Rules, read with Rule 30(12) of the Writ Rules, he referred this matter to my lord, the Chief Justice for appointment of a Division Bench for hearing this application. It is because of this order that this Bench has to deal with this application for appropriate writs or orders under Article 226 of the Constitution.
(3.) The Bonpash Siksha Niketan (hereinafter referred to as the school) is a high school in the district of Burdwan which was previously recognised by the University of Calcutta, and subsequently by the Board of Secondary education, West Bengal. The Board of Secondary Education, West Bengal (hereinafter referred to as the Board) was superseded and under Section 4(b) of the West Bengal Secondary Education (Temporary Provisions) Act, 1954, the powers, duties and functions, which under the West Bengal Secondary Education Act, 1950, or any rule, by-law or regulation thereunder might be exercised by the Board, the Executive Council or any Committee or the President, should so long as the order of supersession continued to be in force, be exercised and performed by an administrator to be appointed by the State Government. At the time when the petition was moved, the Board remained superseded and the Administrator represented the Board.;