- (1.) The petitioner was the Assistant Head Mistress of the Nasra Girls' High School a Government-aided institution, who was appointed in September, 1958. On the 29th September, 1963, respondent No.1, the Administrator of the School, served upon her the notice at Ann. 'B' to the petition, giving three months' notice for termination of her services with effect from the 1st January, 1964, and the petitioner has not been paid her salary since that date.
(2.) The petitioner brought this petition under Article 226 of the Constitution on April 16, 1964, challenging the validity of that notice, on the ground, inter alia, that no such notice could be served without the approval of the Board of Secondary Education. When the petitioner's application for ad interim injunction was moved, Sinha, J. (as he then was), gave certain directions. Thereafter, the President of the Board of Secondary Education gave its approval to the termination order passed by the Administrator on the 29th September, 1963, by his order communicated by a letter of the Secretary of the Board, dated 18.9.64. Hence, the petitioner amended her petition, taking additional grounds.
(3.) Two grounds only have been pressed on behalf of the petitioner at the hearing : (i) That the impugned notice of termination by the Administrator is bad inasmuch as it was made and given effect to without obtaining the previous approval of the Board of Secondary Education, as required by Rule 25 of the Rules made in exercise of the powers conferred by Section 62 of the West Bengal Secondary Education Act, 1950. (ii) That the impugned approval order passed by the President is ultra vires the Rule just cited inasmuch as it is the Board and not its President who is required by the Rule to give its approval to the order of the Managing Committee of the School, whose powers have admittedly been exercised by the Administrator, - respondent No.1.;