- (1.) In the writ petition, the petitioner Nos. 1 and 2 the President and Secretary respectively of Rajlakshmi Kanya Vidyapith, Barajaguli, Nadia (for short 'the said institution') have challenged the order appointing Administrator in the said institution in pursuance to the Memo No.NAD-724/06/G/1 dated 17th February, 2006 issued by the West Bengal Board of Secondary Education (for short 'the Board'). They have also prayed for cancellation of the intimation dated 18th February, 2006 issued by the Administrator of Rajlakshmi Kanya Vidyapith, in Barajaguli Nadia, the respondent No.7. Challenging the said memo and the intimation, the matter was moved on 9th March, 2006 when direction for affidavits were issued. No interim order was passed. However, it was recorded that action taken by the Administrator shall abide by the result of the writ petition.
(2.) Against the said order an appeal was preferred wherein an order was passed. The relevant portion is as under: - "2]. In view of the fact that the learned Single Judge has not in any way either granted or refused the interim relief, we would not go into the matter. However, we fix the matter peremptorily before the learned Single Judge on 3rd April, 2006 on which day the learned Single Judge shall consider all the contentions raised in this appeal. The papers shall be placed before the learned Single Judge. This order shall not be to the prejudice of any party. We make it clear that it shall be for the learned Single Judge to consider the matter on its own merit. 3]. With the above observation the appeal is disposed of treating it as on day's list. The application is closed."
(3.) After disposal of the appeal, the matter was mentioned. Pursuant to directions, the matter was listed and heard after exchange of affidavits.;