A.K.Mitra, J. - (1.) Challenge in this writ petition is the appointment of the Administrator by the West Bengal Board of Secondary Education which has been issued through Memo No. S/111/2 dated 20.02.2004 being annexure 'P-26' to the writ petition. The said impugned memo has been issued by the Secretary. West Bengal Board of Secondary Education. Challenge of the said impugned memo is on the following grounds: 1) The memo has been issued by the President under section 28(2) of the West Bengal Board of Secondary Education Act. 1963 (as amended) that is in exercise of emergency power. According to the senior learned counsel, emergency has not been disclosed and the President cannot exercise emergency power without any reason or disclosing emergency. 2) This is a case of supersession of a Managing Committee during its valid tenure and as such the provisions of Rule 8 of the Management of Recognised Non-Government Institutions (Aided and Unaided) Rules, 1969 (hereinafter as Management Rules). 3) According to the learned senior counsel two things are mandatory in case of supersession of a Managing Committee that the due regard to the report of the Director of School Education and opportunity of hearing but in the instant case both are absent. Neither the President or the Executive Committee looked into any report or asked for any report from the Director of School Education nor such a report is there and no opportunity was given to the Managing Committee to place their case before the Executive Committee.
(2.) The learned senior counsel Mr. Panja submitted that in view of these facts the memo/order of the Board appointing Administrator should be set aside. Background:
(3.) The life of erstwhile Managing Committee of Ariadaha Kalachand High School (Higher Secondary) (hereinafter termed as said School) expired on 22/05/2002. On 19/06/2002 the District Inspector of Schools (Secondary Education), Barrackpore appointed a Drawing and Disbursing Officer. On 21/01/2003 a writ petition was moved praying for placement of departmental nominee and the said writ petition was disposed of by directing the District Inspector to place the departmental nominee since the election was complete within four weeks from date of that order and accordingly, departmental nominee was placed. The first meeting of the newly elected members of the Managing Committee was held on 25/02/2003.;