- (1.) This Rule was referred to the Division Bench by Chittatosh Mookerjee J. by an order dated 20-3-1975.
(2.) Mr. Sushil Kumar Biswas appearing for respondent No. 2 has taken a preliminary objection contending that the application is not maintainable as the Board of Secondary Education has not been made a party. He has referred to the decision in Mrs Leena Nandi v. The West Bengal Board of Secondary Education and others, 74 CWN 325, in which it has been held that by section 3(2) of the Act, the Board of Secondary Education, which is a body corporate, is declared to be a person to sue and to be sued in its own name. There is no other statutory corporation under this Act and the Appeal committee cannot be said to be a legal person. Section 18 of the Act makes it clear that it is the Board which establishes and constitutes the different committees as specified in that section. The committees so formed are limbs of the Board and the decision of the Appeal Committee must be taken to be a decision of the Board itself. It has been further held that "when the Board itself has been sued in terms of section 3(2) of the Act, a legal proceeding cannot fail because of the absence of the individual members of the Appeal Committee. In a proceeding against the Board the law will presume the presence on record of all the organs of the Board as constituted under the statute".
(3.) In the present application the Board of Secondary Education has not been made a party. Accordingly on the above decision, with which we concur, the application suffers from a fatal defect of parties in not impleading the Board of Secondary Education as a party.;