PROTIK PRAKASH BANERJEE,J. - (1.) Pursuant to my earlier order supplementary affidavit has been served on the appearing parties through their learned advocates. Fresh service had been directed in respect of the non-appearing respondents. The tracking report filed today in Court shows that the respondent Nos. 8,9 and 10 have been duly served. Despite such service none has appeared for the respondent No. 7.
(2.) None of the parties interested in disputing the allegations contained in the supplementary affidavit has chosen to file any affidavit whether to the supplementary affidavit or to the writ petition. Neither has it been filed by the Board. It is only the respondents-State which through its District Inspector of Schools (S.E.), North 24 Parganas which has affirmed and filed a report in the form of an affidavit. Paragraphs '5' and '6' of the same are reproduced below:- "5. That out of 11 contesting candidates, being serial no. 06 namely Abdul Hai Mondal the respondent no. 7 herein being Voter No. 5 and serial No. 7 namely Julfikar Mondal the respondent no. 8 herein being Voters No. 54 are not the natural guardians of the concerned students. Both of them are the uncles of the concerned students. Whereas, the father of concerned student Rahima Khatun, are alive namely Wahed Mondal and the father of another concerned student Mahmood Akhtar, is also alive - namely Razzaque Mondal. A copy of intimation given by the teacher in charge of the concerned Madrasah is annexed hereto and marked as letter "R". 6. It is submitted that whenever legal guardians are alive, the respondent nos. 7 and 8 have no capacity to become a member of the Managing Committee. So long the parents are alive, the second category persons described as guardian as per Section 2(k) of Rules for Management for Recognized Non-Govt. Madrasah (Aided and non-aided) have no right to claim to be a guardian of the student."
(3.) Therefore, first, the contentions contained in the writ petition have been admitted because the State and the concerned respondents including the Board who are all parties have chosen despite repeated opportunities to file any affidavit in opposition.;