PROTIK PRAKASH BANERJEE,J. - (1.) Two appeals have been preferred from an order dated May 12, 2017 passed by the learned Single Judge in W.P. No. 25600 (W) of 2016 [Stephanie Fernandes Mondal v. State of West Bengal and Others]. An order removing the writ petitioner from service, following disciplinary proceedings initiated against her by the management of Marian Coeducational School (hereinafter referred to as "the said school"), was under challenge in the writ petition. After considering the submissions made by the parties, the learned Single Judge by the impugned order had been pleased to decline jurisdiction on the ground of what was submitted to be an alternative remedy under the Code of Regulations of Anglo-Indian and Other Listed Schools, 1993 (hereinafter referred to as "the Code"), as amended, and relegated the parties to an arbitration by an arbitrator to be appointed by the "State Board", which was not a party respondent before His Lordship though the State was impleaded as the respondent no. 1 in the writ petition.
(2.) MAT 1049 of 2013, has been preferred by the authorities of the said school, primarily on the ground that there is no existence of any provision for arbitration under the Code at the relevant point of time when the dispute arose and further that there is an effective appellate remedy under the Code.
(3.) MAT 997 of 2017, on the other hand, was preferred by the writ petitioner, on several grounds, which may be difficult to appreciate without considering the facts of the case, at least briefly. One common ground to both the sides was in respect of the lack of any provision for arbitration in the Code.;