- (1.) THIS is an application under Article 226 of the Constitution of India for a writ in the nature of mandamus, directing the respondents to forbear from giving effect to an order of dismissal dated the 10th May, 1955 and for cancellation of the said order. The petitioner was appointed as a Physical Instructor in the Diamond Harbour H. E. School on the 1st November 1946. By an unanimous resolution of the governing body of the school dated the 14th March, 1948 the petitioner was confirmed in the said post On he 27th February 1949, the salary of the petitioner was raised from Rs. 40/- to Rs. 70/- per month, by an unanimous resolution of the governing body passed on that date. The petitioner has read up to the matriculation standard but he has passed the Summer School of Physical Education organised by the All Bengal Teachers, which is recognised by the government and the Board of Secondary Education, West Bengal. He also received physical training in certain other institutions, and has obtained certificates of merit from such institutions. By a notice dated the 10th May, 1955, served upon the petitioner by the - Secretary, Diamond Harbour H. E. School, the petitioner was informed that his services would terminate on the 31st December, 1955. The said notice contained a resolution of the governing body which was to the following effect: "resolved that the non-matriculate teacher, Sri Man-matha Nath Naiya; Physical Instructor of this school be given a notice of discharge with effect from the 1st January, 1956. Resolved further that a graduate with diploma in physical education be appointed in his place with effect from 1st January, 1956. "
(2.) IT appears that the said resolution was passed a. ; a result of a letter, dated the 21st December, 1954, received from the Board of Secondary Education, West Bengal, which laid down certain conditions which were to be fulfilled by the Diamond Harbour H. E. School in consideration of further extension of recognition of the said school for a further period of three years by the said Secondary Board of Education. Clause (b) of the said conditions was as follows: "the non-matric teacher should be replaced by trained graduate physical instructor. "
(3.) THE petitioner thereafter made representations to the Secretary, Secondary Board of Education and other educational authorities as a result whereof the Secondary Board of Education wrote the letter, dated the 25th January, 1956 to the Secretary of the School stating inter alia as follows: "i am directed to state that that the Administrator has been pleased to give Sri Naiya, the Physical Instructor of your school, the opportunity of improving his qualifications. ";