Mr. Manas Nath Roy, J. - (1.) This Rule is directed against order No. 77 dated 20th March, 1974 made in Title Suit No. 29 of 1972 by Sri P. K. Ganguly, learned Munsif, Purulia whereby he has decided an issue regarding the maintainability of the suit and has found that the same was not barred under Section 22(4) of the West Bengal Board of Secondary Education Act, 1963.
(2.) One Sm. Nirmala Patel,who at all material times was employed as the Head - mistress of Kasturba Hindi Balika Vidyalaya, instituted Title Suit No. 29 of 1972 in the Court of the Munsif at Purulia, for a declaration that the order of suspension dated 30th January, 1972 was illegal, ultra vires, malafide, unjust and was passed beyond the powers of the proforma defendant No. 5 in this proceedings or the Managing Committee and as such the same was not binding on her. She also prayed for permanent injunction restraining the defendants from giving effect to the said order of suspension and for other reliefs. Apart from other allegations, she contended that the order of suspension was absolutely illegal, without jurisdiction and not binding on her, inter alia, on the ground that the meeting of the Managing Committee which was held on 29th January, 1972 was held in contravention of Rule 16 of the Rule for Management of Recognised Non - Government Institutions (Aided and un - aided), 1969 framed under the West Bengal Board of Secondary Education Act, 1963.
(3.) It appears that the defendants raised a preliminary objection regarding the question of jurisdiction of the Civil Court to try the suit and on objections as raised the following two issues, amongst others, were framed : "(3) Is the suit barred under the Provisions of section 22(4) of W.B. Board of Secondary Education Act, 1963 (4) Is the present suit maintainable in Civil Court and has this Court jurisdiction to try this suit. ";