D. Basu, J. - (1.) This is a trial of strength between the Managing Committee of a Secondary School and the Board of Secretary Education, involving the termination of the services of a teacher of the school, i.e., Respondent No. 4 (Kashinath Das).
(2.) A preliminary objection was taken by the Respondents, namely, that the Petitioners did not include all the members of the Managing Committee which was not itself a juristic entity and that, accordingly, the petition should be thrown out as non -maintainable. This objection having been rejected by my order of June 28, 1967, on the ground that the remaining members having been brought on the record as Respondents (5 -9) all the members have been represented in the petition, we must enter into the merits. It should be mentioned in this context that since no affidavit -in -opposition has been filed on behalf of Respondents Nos. 5 -9, their tacit support to the petition has to be presumed.
(3.) Having been initially appointed on a temporary basis in 1960, Respondent No. 4 was appointed against a permanent vacancy on a term of probation for two years by the resolution of the Managing Committee of the school on March 25, 1961, which is at annEx. A to the petition. Shortly thereafter, on May 23, 1961, the Managing Committee, passed the resolution at annEx. C to the petition by which the services of Respondent No. 4 were terminated with effect from May 24, 1961, on the ground that his services during probation were not satisfactory. He was given one month's pay in lieu of notice. Respondent No. 4 thereupon preferred an appeal before the Appeal Committee (Respondent No. 2) of the Board of Secondary Education and the latter allowed the appeal and this order was communicated to the Secretary of the school by letter at annEx. E dated January 9, 1963. The Appeal Committee ordered that Respondent No. 4 be reinstated, provided he severed his connection with the Girls' School and offered to be a wholetime teacher.;