- (1.) Heard learned Advocates for the parties.
(2.) Learned Advocate for the West Bengal Board of Secondary Education has produced copies of the relevant records before this Court. Let the same be kept with the records.
(3.) The short point is whether the order of the President of the West Bengal Board o f Secondary Education communicated by the impugned memo dated 1st Fet ruary, 2006 is valid and legal. The relevant portion of the impugned memo dated February 1, 2006 containing the order of the President of the Board dated 31st January, 2006 is reproduced below: - "I have considered the report/reports and recommendation received from the Director of School Education on the affairs of Dr. Md. Kudrat-E- Khuda Nari Sikshaniketan (High School), District-Birbhum and other papers in the file in this regard. It is observed that the statutory term of the Managing Committee If above school having expired a deadlock has been created in the affairs In the above situation, I am decidedly of the view that an emergency has arisen in the affairs of the school. Hence to safeguard the interest of the institution, prompt action is called for. In consideration of the facts and circumstances aforesaid , I, President, West Bengal Board of Secondary Education, in exercise of the powers conferred upon me under Section 28(2) of the West Bengal Board of Secondary Education Act, 1963,as amended, hereby appoint Sri Goutam Charan Mal, S. I. of Schools attached to the office of A.I (SE) Sub-Divn.P.O.Rampurhat, District-Birbhum to act as Administrator of Dr. Md. KUdrat-E-Khuda Nari Sikshaniketan (H.S.) for a period of one year from the date of assumption of charge of the school or till completion of the reconstitution of the Managing Committee of the school with the election of office-bearers of until further orders, whichever is earlier to fill up the Administrative Vacuum with immediate effect.";