Bose, J. - (1.) This is an application under Art 226 of the Constitution for an appropriate Writ directing the respondents Nos. 1 to 3 & the Respondents Nos. 14 and 15, being the Secretary and Administrator of the Board of Secondary Education & Appeal Committee of the Board of Secondary Education & the Board of Secondary Education itself, to hear the Appeal preferred by the petitioner in accordance with the provisions of the Appeal Regulations framed by the Board of Secondary Education under the West Bengal Secondary Education Act 1950 (W. B. Act XXXVII of 1950) and forbidding the said respondents from dealing with the Appeal contrary to the provisions of the said Regulations.
(2.) The case of the petitioner is that between 17-8-1953 and 31-3-1955 the petitioner functioned as the Head Mistress, of the Baranagore Victoria High School (Girl's Section) which is a secondary school for girls, affiliated to the Board of Secondary Education, West Bengal, and the petitioner was always the head of the teaching staff during the said period. It is alleged that the Board of Education confirmed the appointment of the petitioner as the Head Mistress and fixed the basic pay ,of the petitioner in terms of the rules or conditions which have to be observed by Secondary schools applying for or receiving grants-in-aid from the Government. According to the petitioner the basic pay fixed was Rs. 175/- per month for the period 17-8-1953 to 31-12-1953 and Rs. 200/-per month from 1-1-1954 onwards. The petitioner tendered her resignation from the post on or about the 28-2-1955 and her service actually terminated on the 31-3-1955. The case of the petitioner further is that a sum of Rs. 2082/2/1 became due to her on the basis of -the scale of her pay as confirmed by the Board of Secondary Education but as the dues were not paid by the members of the Managing Committee of the school, who are respondents Nos. 6 to 13 in this application, the petitioner on 7-4-1955 preferred an Appeal to the Board of Secondary Education in accordance with the Appeal Regulations framed by the Board and published by their Notification No. 1016-Edn/ SB-14/54 dated the 8-2-1955. The relevant portions of the notification containing the Regulations may be set out hereunder: "Regulations providing for the manner of Hearing and Determining Appeals from decisions in disputes between Teachers and Managing Committees of High Schools by the Appeal Committee. 1. A teacher who is dissatisfied with the decision of the Managing Committee of his school on the question of his dismissal or discharge or the reduction or the withholding of his salary may appeal to the Appeal Committee against such decision. 2. The memorandum of appeal shall be drawn up in the prescribed form which may be obtained, on application, from the office of the Board, and it shall be submitted in triplicate to the Secretary of the Board within one month from the date of the communication in writing to the appellant of the decision appealed against: Provided that the President may, on grounds which he considers to be reasonable, extend the time for the submission of the appeal. 3(1) On receipt of a memorandum of appeal, the Secretary of the Board shall forthwith forward by registered post with acknowledgment due, a copy thereof to the Managing Committee of the school concerned, inviting its comments, if any. (2) The Managing Committee shall forward its comments in triplicate to the Secretary of the Board along with a copy of the memorandum of the appeal within one month of the receipt of the memorandum of appeal by it. 4. If no comments are received from the Managing Committee within the time prescribed, the President shall forward the records of the case to the Director of Public Instruction for expression of his views thereon within a month of the receipt of the records by him. 5(1) When the comments of the Managing Committee are received within the time prescribed, the Secretary of the Board shall immediately forward by registered post with acknowledgment due, a copy thereof to the appellant, and the appellant may, within a fortnight of the receipt of such copy by him forward to the Secretary of the Board his explanation, if any, on the comments made by the managing Committee. (2) On the expiry of the period prescribed for the submission of the' explanation by the appellant, the President shall forward the records of the case and explanation, if any, received from the appellant to the Director of Public Instruction for an expression of his views within a month of the receipt of the records by him. 6. When the records are received back from the Director of Public Instruction, the Secretary of the Board shall place the case before the Appeal Committee for decision of the appeal. 7. The appeal Committee may, if it thinks fit, grant such interim relief to the appellant as it may consider suitable pending the final disposal of the appeal, provided that such relief, if any, will be without any prejudices to the 'final orders which may be passed in the appeal. 8. The Appeal Committee shall dispose of an appeal as expeditiously as possible and without any avoidable delay.
(3.) Pursuant to the Regulations set out above tile Board of Secondary Education sent the Memorandum of Appeal of the petitioner to the Managing Committee of the School along with the Board's letter dated 29-4-1955, inviting comments of the Managing Committee. The Managing Committee received the Memorandum of Appeal on 3-5-1955 but as the school closed for the summer vacation on . 18-5-1935 and was to reopen on 22-6-1055, the Secretary or the Managing Committee by his letter dated the 26-5-1955 informed the Secretary, Board of Secondary Education that as the school was closed for the summer vacation it was not possible to send the observations of the Managing Committee on the appeal preferred by the petitioner, but the same would be sent as soon as possible after the reopening of the school.;