DEBANGSU BASAK,J. - (1.) The petitioner assails a memo dated January 3, 2014 issued by the Deputy Secretary (Administration)-in-charge of the West Bengal Board of Secondary Education, informing the petitioner of the decision of the Appeal Committee of the Board taken in its meeting held on December 6, 2013. The Appeal Committee of the West Bengal Board of Secondary Education it its meeting held on December 6, 2013 rejected the claims of the petitioner with regard to his retrenchment.
(2.) Learned Advocate appearing for the petitioner submits that, the petitioner was retrenched on April 30, 2013. Such order is bad in law and in fact. The order of retrenchment being bad, the petitioner appealed to the Appeals Committee of the West Bengal Board of Secondary Education. The Appeal Committee decided the issue against the petitioner without taking into consideration the relevant issues. He relies upon All India Reporter 1970 Supreme Court page 1334 (M/s. Parry Company Limited v. P.C. Pal) and 1983 LAB. I.C. page 1865 (Gammon India Limited v. Niranjan Dass) in support of his contentions.
(3.) Learned Advocate appearing for the school authorities submits that, the writ petition is not maintainable. A writ does not lie against a private educational institution. In support of such contention, he relies upon 2008 Volume 12 Supreme Court Cases page 675 (State of Uttar Pradesh and Anr. v. Uttar Pradesh Rajya Khanij Vikas Nigam Sangharsh Samiti and Ors.), an order dated July 26, 2016 passed by the Supreme Court in Civil Appeal No. 7030 of 2016 (Committee of Management, La Martiniere College, Lucknow v. Vatsal Gupta and Ors. ) and 2002 Volume 5 Supreme Court Cases 111 (Pradeep Kumar Biswas v. Indian Institute of Chemical Biology and Ors.) . He contends that, there are disputed questions of fact involved. The services of the petitioner becoming surplus the educational institution retrenched the petitioner. The petitioner was paid all benefits for retrenchment. The issue as to whether the retrenchment was bad in law or in fact is a mixed question of fact and law which needs to be adjudicated by an appropriate forum. According to him, the petitioner has to approach the Industrial Tribunal for relief.;