- (1.) THIS is an appeal by the plaintiff, the Managing Committee of the Victoria Girls' High School, at 26 Russa road (now Shyamaprosad Mukherji road), police-station Tollygunge, with the district of 24-Parganass, from an appellate judgment and decree of revesal.
(2.) THE seed of this unfortunate litigation lies in the dismissal on April 15 1958, as averred in paragraph 2 of the plaint, of the then Headmistress of the school, Sm. Sova Roy, by the Managing committee. Sm. Roy appealed on June 2, 1958: vide exhibits G-l and H-l. The appeal Committee of the Board of Secondary Education, west Bengal, (shortened hereafter into "the Board"), allowed the appeal and ordered Sm. Roy to he reinstated to her post as Headmistress and also to be given "all her arrear dues during the interim period". A communication to that end was sent by the secretary to the Board to the Secretary of the school : vide later No. 1447-G-Appeal 83 dated Jan. 29, 1960, exhibit A-l (23), also exhibit 4 (z8 ). A letter as this not only embodies the decision of the Appeal Committee, but also points out the reason of such decision: that dismissal of Sm. Roy by the old committee superseded by the Board, and, therefore, "turned defunct", cannot "stand at all".
(3.) IT is now necessary to go back a couple of years or thereabouts. The supersession, referred to in Appeal committee's decision, was ordered by the Board on February 11, 1958, with immediate effect, as the result of investigation and report by the District inspectress of Schools to the Director of Public Instructions, who forwarded a copy thereof to the Board : vide his letter dated December 24, 1957, exhibit A-l (4), the board's order of supersession dated February 11, 1958, being exhibit A-2 (8 ). The burden of the report was no legal existence of the managing committee of the school. Indeed, no election was held before or after 1956, and whatever was shown as the duly constituted managing committee was a sham, having been a paper transaction only, as is the written admission of Shri Jamini Kanta Roy, secretary of the school, exhibits 4 (c), A/1 and B/1, before the investigating inspectress. Exhibit B/ 1 is the original written and signed by Jamini Kanta roy on December 12, 1957. The other two are copies. Be that as it may, simultaneously with the supersession, secretary Jamini Kanta Roy was directed to make over charge to Shri Nirod kumar Bhattacharyya, the Administrator appointed by the Board. Secretary roy, however, did not comply with this directive. He challenged it instead in the writ jurisdiction of this court and obtained, on February 27, 1958, a rule : Civil Rule No. 556 of 1958, exhibit H|2, which was disposed of, mostly by consent, on May 21, 1958, in the manner following, exhibits 6 (a) and g/2, to note only its gist. : 1. Administrator Bhattacharyya, appointed by the Board, goes, with his reputation unsullied. 2. Comes in his place a new administrator to be appointed by the board within three days. 3. The Managing Committee do hand over charge of the school to such administrator ad hoc within two days of intimation being received of the new appointment. 4. The Administraor ad hoc do expedite the holding of election of a new managing committee, the present members whereof being eligible to stand for such election, if otherwise fit. 5. Election over, the Administrator ad hoc do make over charge and possession of the school to the newly elected managing committee. 6. Any permanent appointment for the school, the Administrator ad hoc shall not make. The new managing committee when it comes, will.;