M.G.MUKHERJEE, J. - (1.) The State of West Bengal and the Director of Secondary Education are the appellants before us impugning a judgement and order dt. 17th Jan. 1984 passed by P.C. Borooah J. in Matter No. 614/83 whereby it was held inter alia that Central Model School is a minority institution and the West Bengal Board of Secondary Education has no authority to appoint an administrator, the trial Judge quashed an order dt. May 3, 1983 issued by the President, West Bengal Board of Secondary Education appointing one Sri Ananda Mohan Roy, Assistant Inspector of Schools, as the administrator of the said school.
(2.) The case of the writ petitioners inter alia was that Central Model School was established by petitioner No. 3 Mrs. Kuldip Harbans Singh in or about the year 1955 on her own initiative with the blessings of her late father Raghunath Singh Bir, a Sikh nationalist leader and social worker. The said school was established by the petitioner No. 3 a Sikh by faith, with the co-operation of a few other renowned Sikh families residing in Calcutta with the primary object that Punjabis outside Punjab being almost a floating community to whom proper knowledge of English was essential, it was necessary that the children of the said community should have the opportunity of learning Punjabi language as well as get themselves acquainted with Punjabi culture and heritage even during their school yeaRs. In or about April 1970 a registered Trust was created by the name of Guru Nanak Education Trust by the writ petitioner No. 3. The object of the said trust was set out in paragraph 3 of the writ application which included inter alia an emphasis on universal brotherhood of mankind and catering to the needs of all communities, creeds and religions, particularly of the Sikh Community and Punjabi speaking people and teaching Punjabi as one of the subjects amongst others in the said school. The petitioner No. 3 was the Managing Trustee of the Trust as well as the Secretary of the School. She is also the Rector of the said school by virtue of the Deed of Trust dt. April 22,1970. After the school came under the direct control and management of the Trust, the Managing Committee has been constituted from time to time in terms of the said Trust deed. The school authorities have informed the West Bengal Board of Secondary Education about the reconstitution of the Managing Committee from time to time. The last reconstitution took place on or about February 16, 1982. The petitioners claimed that the school was established by the members of the minority Sikh community and is being run and administered, since its takeover by the Trust, by the members of the Sikh community through the said Guru Nanak Educational Trust. On 4-3-71 the Secretary to the Government of West Bengal, Education Department, by a letter addressed to the school was pleased to confirm that the school was entitled to special constitution for its management committee in terms of R.33 of the Rules on the ground that it was a minority institution. The school authorities made further representation for having a special constitution but the West Bengal Board of Secondary Education, despite representations made on 4-5-70 and 16-3-74 as well as an assurance given in the letter of the Education Department dt. 4-3-71, did not give out any candid reply. Guru Nanak Trust as well as school management committee were under the impression that since the Govt. of West Bengal had recognised the school as minority institution, there was no necessity for making any application over again for framing special constitution. It was contended that the Trust deed made provisions for the constitution of the management committee in respect of the said minority institution. In or about 1978, the school authorities terminated the service of one Mr. S.D. Sukla an Assistant temporary teacher. Mr. Sukla moved before the Appeal Committee of the Board against the said termination of his service. The Appeal Committee directed reinstatement of Mr. Sukla which the school authorities challenged by way of a writ application. In the said writ application it was contended by the school authorities that it was a minority institution managed under the provisions of Guru Nanak Educational Trust. It was the contention of the writ petitioners that it is because of the filing of the writ application that the West Bengal Board of Secondary Education Officials took a vindictive attitude against the writ petitioners and their school. The Assistant Inspector of Schools, South East Calcutta, Mr. Ananda Mohan Roy came to the school on 14th December, 1982 and again in the first week of January 1983 and met the Rector of the Institution. He asked for certain information with regard to the scale of salary of the teachers, in answer to which the school authorities ultimately agreed to furnish the said information provided it was sought officially in writing. The Assistant Inspector of Schools thereafter kept silent. In the month of April 1983 it was noticed that the dearness allowance due for the quarter ending 31st March, 1983 in respect of eligible teachers of the school was not remitted to the school but, the Assistant Inspector of Schools instead purported to disburse the money as Disbursing Officer on or about 18th April, 1983. The writ petitioners contended that the said action was arbitrary and a mala fide one. On 7th May 1983 the Assistant Inspector of Schools A.M. Roy came to the school when examinations were going on in the school. He went to the Cashier-cum-Clerk of the school and apprised that he had been appointed by the President, West Bengal Board of Secondary Education as the Administrator of the school by virtue of an order dt. 7th May 1983 and as such he would henceforth carry on the day to day administration of the school. He also took away a few books and records of the school and started intermeddling with the affairs of the school without any due authority even with regard to the deposit of the cash in hand. He went to Mrs. Nanda Ghose Dastidar and showed her the purported order appointing him as Administrator of the school. He called the members of the teaching staff and assured them that he would be able to increase their salary by at least Rs. 100 to 200/- per month, if they would work under him and cooperate with him. He directed Mrs. Ghosh Dastidar to remain in the school till 9 p.m. on 7-5-1983 along with members of the staff. In the evening Mr. S.D. Sukla was found to be moving with Mr. Roy in the school. The writ petitioners contended that the appointment itself of an Administrator amounted to interference in the administration of the school.
(3.) The trial Judge stayed the operation of the order dt. May 7, 1983 as passed by the President, West Bengal Board of Secondary Education which appointed Mr. A.M. Roy as administrator of the school. The said interim order was passed by the learned Judge along with issuance of a Rule Nisi on the application under Art.226 of the Constitution. The teachers of the school however preferred an appeal against the said order and made an application praying for stay of operation of the order passed by the learned trial Judge on May 10, 1983. A Division Bench of this Court heard the appeal and passed a judgement which has been reported in AIR 1984 Cal 40, Smt. Nanda Ghosh Dastidar v. Guru Nanak Education Trust. The Division Bench prima facie found the school to be a minority institution and the Board had no authority to interfere with the management of the school by appointing an administrator. The Division Bench held inter alia that the Board can lay down certain regulatory measures which are to be followed by the school for the proper running of the school (as held in the decision of the Supreme Court in All Saints High School v. Govt. of Andhra Pradesh, AIR 1980 SC 1042). It was further held by the Division Bench that such regulatory powers could be taken only if the Board was satisfied about the alleged mismanagement, after giving the management of the school an opportunity of being heard. The Board could not however, under any circumstances, interfere with the management of the school by superseding the Managing Committee and appointing an administrator to take charge of the school and administer the same. It was found to be significant, that in the impugned order of supersession, no allegation was made as to the mismanagement of the school. The Appeal Court found the trial judge perfectly justified in passing the interim order by way of stay of operation of the order impugned passed by the Board which had the effect in superseding the Managing Committee and appointing an administrator.;