SATYABRATA SINHA, J. - (1.) The writ application itself was taken up for hearing along with the appeal with the consent of the parties.
(2.) The writ application was directed against an order dated 25-9-95 as contained in Annexure 'I' to the writ application whereby and whereunder the respondent No. 9 herein was appointed as an Administrator of the School. It appears that the said communication was made pursuant to the order made by the President of the West Bengal Board of Secondary Education in exercise of his emergency power conferred upon him under Section 28(2) of the West Bengal Board of Secondary Education Act, dated 25-9-95 which reads thus :-"I have considered the reports received from the Headmaster of the school on the affairs of Champahati Nilmonikar Vidyalay, 24-Parganas (S) and other papers in the files.It is observed that an administrative chaos has been prevailing in the school following the resignation of three teacher representative/ non-teacher representatives. 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 S. 28(2) of the West Bengal Board of Secondary Education Act, 1963, as amended, hereby appoint Sri Sudhir Kumar Ghosh, Teacher-in-Charge, Bankim Sardar College, P.O. Tangrakhali, Via-canning, 24-Parganas (S) to act as Administrator of Champahati Nilmonikar Vidyalaya, Dist. 24-Parganas(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, or until further orders, whichever is earlier, to fill up the Administrative Vacuum with immediate effect.The Administrator so appointed, will assume charge of the school forthwith and exercise powers and perform the functions of the Managing Committee including the power to operate the Bank and Postal Account standing in the name of the school.The Administrator shall take steps towards the reconstitution of the Managing Committee in accordance with the provisions of Management of recognised Non-Govt. Institutions (Aided and Un-aided) Rules, 1969, as amended, from time to time and under Government Notification No. 855-Edn.(S) dated 23-12-80 and instructions issued by the Board from time to time in this regard, within the tenure of his appointment.The Administrator of the school will also take steps for the formation of Staff Council and Academic Council as contemplated under Rules 29 and 30 of the Rules for Management of the recognised Institution (Aided and Un-aided), 1969, as amended, to advise him in the matter of smooth and proper functioning of the Institution.On assumption of charge of the Administrator will send a report on the affairs of the school. "
(3.) Mr. Mukul Prakash Banerjee, learned Counsel appearing on behalf of the appellant has raised a short question in support of this application. The learned Counsel has drawn our attention to Rule 8 of the Rules for Management of the recognised Non-Govt. Institution (Aided and Un-aided), 1969 and submitted that on a plain reading thereof it would appear that two pre-conditions must be fulfilled before an order appointing Administrator can be passed, namely (1) that should be issued by the Director of School Education and (2) that the Managing Committee should be given an opportunity of being heard.;