Protik Prakash Banerjee, J. - (1.) When the Lord was made flesh and walked the monsoon wet earth of Bengal, he carried neither the sword of retribution nor the promise of a flood or fire to come he was and sang only of Love. His acolytes and followers remind us of him when we can turn away long enough from the jungle drums pounding like the blood in our veins and the thousand forbidden pleasures of the flesh through their recounting of the story of the divine love of the one who is attracted and he who attracts, the eternal Radha and the eternal Krishna, the Kirtan, more particularly the Lila Kirtan of Bengal. The glory of Kirtan and what comprises its essentials were never the subject matter of any forensic analysis by a court of law in this country. There is however, always a first time for everything. This is that time.
(2.) A subsidiary challenge though perhaps more important in law was leveled by the State of West Bengal in its report. The effect, the State says, of acceding to the prayers of the writ petitioner would be to accept that there can be hereditary succession in case of public employment, under the State. This effect, the State of West Bengal contends in all seriousness, is anathema to India, since dynastic succession is alien to the present constitution of this country, even if not a stranger to the country itself.
(3.) Perhaps it would be better if I were to set down the admitted facts first, before piping all and sundry into a history of devotional music and the complications of how people get jobs in this part of the country. it appears that the writ petitioner, a grandson of one Nanda Kishore Das, seeks that the process of approval of appointment of an instructor/principal of the Radha Krishna Kirtan Chatushpati (hereafter "the said institution") founded by his grandfather and continued by his father is brought to its logical conclusion, after certain resolutions purported to have been taken by the Managing Committee of the said institution are brought before this court. However, shorn of the verbiage he wants that the de facto appointment of his brother, the other grandson, who is the 12th respondent, as the Instructor/Principal be set aside and the records which the respondent no. 12 has taken into his custody be sent to the appropriate authorities of the respondent no. 1. This has been opposed by the State respondents on the ground that hereditary appointment to the post of the principal of a school run on government grants, training students in Kirtan and research into the folk culture of Bengal, is not in accordance with law. The respondents would rather have the managing committee of the institution continue with the ad hoc appointment of the petitioner's brother as a principal and then decide in its own way whom to appoint such principal.;