Tapabrata Chakraborty, J. - (1.) The instant writ petition has been preferred challenging, inter alia, a notification dated 20th March, 2013 published in the Official Gazette on 1st April, 2013 and a memo dated 3rd December, 2014 issued by the respondent no.2.
(2.) Mr. Bhattacharya, learned advocate appearing for the petitioner submits that the petitioner no.2, a Life Member, was elected as the Secretary of the Managing Committee of Kunoir K.C. High School (H.S.) (hereinafter referred to as the said school) being the petitioner no.1 herein and was authorised to prefer the present writ petition for and on behalf of the Managing Committee. The notification dated 20th March, 2013 published in the Official Gazette on 1st April, 2013 was issued by the State Government for conversion of all willing Recognised NonGovernment Aided Secondary Schools (DA getting school not included) into Recognised Government Sponsored Secondary Schools for giving coverage of Rashtriya Madhyamik Shiksha Abhiyan (hereinafter referred to as RMSA) project. By the said notification a direction was issued upon the District Inspector of Schools (SE) to accept options from the willing schools for converting their administrative status from "Non-Government Aided Schools (D.A. getting schools not included)" to "Government Sponsored Schools". In clause 3(vi) it was specified that the State Government may be forced not to take any responsibility for providing infrastructural support, maintaining PTR etc. to those unwilling Recognised Non-Government Aided Secondary Schools who do not wish to convert themselves to Government Sponsored Schools and it was further stated in the said clause that the State Government may reserve the option of stoppage of grant-in-aid and withdrawal of approved teaching and non-teaching staff of those aided schools. Thus in view of clause 3(vi) there was a compulsion upon all Non-Government Aided Schools to exercise option in terms of the said notification and such compulsion had the effect of frustrating the rights of the members of a Managing Committee of a Non-Government Aided School constituted in terms of the Rules for Management of Recognised Non-Government Institutions (Aided and Unaided), 1969(hereinafter referred to as the said Rules of 1969) under the West Bengal Board of Secondary Education Act, 1963 (hereinafter referred to as the said Act of 1963) and as such the notification dated 20th March, 2013 is ultra vires to the provisions of the Constitution.
(3.) He further contends that in furtherance of the object of the said notification dated 20th March, 2013, the respondent no.2 issued a memorandum dated 3rd December, 2014 constituting a new Managing Committee and though in terms of Rule 5(iv) of the Management of Sponsored Institutions (Secondary) Rules, 1972 (hereinafter referred to as the said Rules of 1972) the Commissioner of School Education is the competent authority to nominate two persons interested in education in the Managing Committee, such nomination was exercised by the respondent no.2 to induct the respondent nos. 6 and 7 in the Managing Committee. The discretion left to be exercised by the respondent no.3 in nominating two persons interested in education, as would be explicit from the memo dated 26th September, 2014 issued by the respondent no.2, has been usurped by the respondent no. 2. In support of the arguments advanced reliance has been placed an unreported order dated 30th April, 2013 passed in WP 12055 of 2013 (Binoy Kumar Sarkar & Ors. vs- The State of West Bengal & Ors.), an unreported order dated 9th April, 2015 passed in WP 8136 (W) of 2015 (Managing Committee of Bari Vidyalaya High School (H.S) vs- The State of West Bengal & Ors.) and an unreported order dated 9th April, 2015 passed in WP 8134 (W) of 2015 (Managing Committee of Burnpur Adarsha Vidyalaya vsThe State of West Bengal & Ors.).;