JUDGEMENT
SHEKHAR B.SARAF,J. -
(1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner has challenged the impugned Memo dated April 13, 2018 being annexure P10 to the writ petition that has appointed a person as the President of the Managing Committee in place and stead of the petitioner. The facts of the case are as follows:-
a) On January 16, 2015 the Joint Secretary to the Government of West Bengal, appointed the petitioner as the President of the Managing Committee of Balapur High School. The term of the said committee was for a period of three years;
b) Subsequently, on November 30, 2017, the Joint Secretary vide a Memo of School Education extended the term of the Managing Committee, in terms of the provision contained in Rule 10 of the Rules for Management of Sponsored Institutions (Secondary) Rules, 1972 (in short 'the said Rules') for a period of one year or till a new committee was formed, whichever was earlier;
c) Subsequently, on April 13, 2018 the Assistant Secretary, Government of West Bengal, School Education Department, Secondary Branch, nominated a new President to the Managing Committee of Balapur High School in place of the petitioner. The other members in the existing Committee were directed to continue as members of the changed Managing Committee.
(2.) It is the contention of the writ petitioner that the writ petitioner cannot be removed within the period of one year for which the extension had been granted to him by the letter dated November 30, 2017.
(3.) Counsel on behalf of the writ petitioner submits that Rule 10 read with Rule 25 of the said Rules requires the Government to follow a particular procedure for appointment or removal of a member of the Managing Committee.;
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