- (1.) Heard learned Advocates appearing for the parties.
(2.) From the very nature of the stay application it appears that the entire matter on merit is required to be heard. Hence the appeal is taken up for hearing treating the same as on day's list. In deciding the appeal it appears that the appeal arose on the grievance of refusal to pass an interim order by the learned Trial Judge on the ground that in the event of passing such interim order that would be in the nature of final order, as the issue involved in the writ application was a challenge of the decision of the West Bengal Board of Secondary Education disapproving the order of suspension as was passed by the Managing Committee of a school, controlled and guided by the Rules of Management of Recognized Non -government Institutions (Aided & Unaided) Rules, 1969 (hereinafter for brevity referred to as Management Rules, 1969). In terms of the provisions of law under Rule 28 sub -rule (9) Clause 7(a) of management rules, 1969 the Managing Committee is empowered to suspend any teacher pending drawal of proceeding subject to condition that such action should be approved by the Board by referring the matter, for which the matter was referred to within seven days from the date of suspension. In deciding the appeal we are of the view that the writ application could be disposed of. Hence the writ application is also taken up to our file for final disposal. Parties agreed to such.
(3.) The factual matrix in the writ application as asserted is very short. The respondent No. 9, is Head Master of Joygram J.N. High School, a school controlled by the said Management Rules of 1969 who suffered the order of suspension issued by the Managing Committee in exercise of the power under Rule 28(9)(viia) of the Management Rules, 1969, pending drawal of departmental proceeding, for the interest of institution. The suspension order, thereafter, was referred to the Board for approval as per the said statutory provision. The Board refused to approve the order of suspension by its decision dated 15th September, 2006 which was the subject -matter of challenge in the writ application on the ground that the Board exceeded its jurisdiction to pass such a decision, as the Board analysed the charges as framed against the delinquent teacher by holding that the charges were not legally sustainable. In the writ application accordingly a case was made out that the Statutory Board, viz., the Sec. 24 Committee in terms of the West Bengal Board of Secondary Education Act, 1963 exercised their power beyond statutory limit of exercising jurisdiction as envisaged thereto under Rule 28(9)(viia) of the said Management Rules, 1969.;