Dipankar Datta, J. - (1.) The appellants are the Managing Committee of Shree Balkrishna Vithalnath Vidyalaya (hereafter the school) and its Secretary, who is also the Headmaster of the school. They had invoked the writ jurisdiction of this Court by presenting an application under Article 226 of the Constitution of India. The subject-matter of challenge in the writ petition was a memo dated 16th October, 2017 issued by the Deputy Director of School Education, West Bengal addressed to the District Inspector of Schools (S.E.), Kolkata (hereafter the D.I.). The memo is set out in its entirety, hereinbelow: "Ref : 1) This Directorate's memo no.59/1(4)LS Dated 04/02/2015 2) Letter dated 05/05/2017 of Sri Rajesh Sinha 161/A, Balaram Dey Street, Kolkata 6 in connection with Shri Bal Krishna Vithalnath Vidyalaya He is hereby informed that an enquiry team consisting of Sri Debajyoti Baral, Deputy Director of School Education, West Bengal (Boy's High) and Sri Subhendu Ghosh, Assistant Director of School Education, West Bengal will visit Shri Bal Krishna Vithalnath Vidyalaya, 26, Prasanna Kumar Tagore Street, Kolkata-700006 on 31/10/2017. He is requested to inform the school authority to keep all the documents ready for inspection by the enquiry team. He is also requested to accompany the enquiry team on scheduled date."
(2.) The primary contention advanced in the writ petition was that Sri Rajesh Sinha, the respondent no.5, was a stranger to the school and, therefore, did not have the locus standi to interfere in its affairs; consequently, the direction for holding enquiry having been given on the letter of such an individual not having any locus standi was in colourable exercise of power.
(3.) By the time the writ petition was taken up for consideration by a learned Judge of this Court, who ultimately disposed it of by the order under challenge dated October 30, 2017, the Deputy Director had issued a further memo dated October 23, 2017. The contents of the memo dated October 23, 2017, also addressed to the D.I., bear contents exact resemblance to the earlier memo dated October 16, 2017, the only difference being that in the reference portion was included at serial no.3, a letter of Sri Ashis Kr. Tiwari, Assistant Teacher of the school. The said memo dated October 23, 2017 was brought on record of the writ proceedings by the appellants by filing a supplementary affidavit.;