- (1.) A Rule was obtained on June 8, 1977, at the instance of one Jadabendra Panda, said to be the headmaster of Majilapore Birendra vidyapith. While issuing the Rule, no interim order of injunction was made. But by the present application, the petitioner has asked for appropriate interim orders restraining the respondents from giving effect or further effect to the impugned order dated May 24, 1977, whereby one Sudhir Chandra Das, an Ex-M.L.A. from Contai, was appointed as the Administrator of the School in place of the outgoing Ad-hoc Committee. Such appointment was made for six months.
(2.) Mr. Giri, appearing in support of the application, submitted that previously and on or about June 15, 1972, an order made by the West Bengal Board of Secondary Education, has been communicated through its Secretary, whereby the petitioner was informed that an Administrator was appointed. Such appointment of the Administrator, on objections being raised, was recalled and on July 25, 1975, a second Administrator was appointed for the School. Against such appointment, admittedly on July 25, 1975, Civil Rule No. 18679(W) of 1975 was obtained. The Rule admittedly was disposed of on June 28, 1976 by P.K. Banerjee J., and by the said order, his Lordship directed that all payments in respect of grant to teachers, including the headmaster will be made directly by the District Inspector of Schools concerned. It was also directed by his Lordship that the Administrator as appointed may hold the election in accordance with law, but he must not declare the results thereof or take any steps pursuant thereto until further orders from this Court. It was also directed that the Administrator should however make other payments of salary etc. of teachers including that of the headmaster in accordance with law. So far as the arrears of pay of the headmaster was concerned, it was observed by his Lordship that he will have the right to make representation, and on such representation being made, the same should be disposed of in accordance with law.
(3.) It has also been contended by Mr. Giri that by the impugned order in annexure 'E' to the main petition, which is dated February 1,1977, and whereby an Ad-hoc Committee has been appointed with said Sri Sudhir Das as the President, was improper and the same was made for the purpose of bye passing the impact and effect of the order as made by this Court.;