Chittatosh Mookerjee, J. - (1.) Purba Kalikata Vidyatan Higher Secondary School for Boys is an aided institution recognised by the West Bengal Board of Secondary Education. The appellants claim to be the members of the Board of Trust of the Beliaghata Chhatra Sansad and also the members of the Managing Committee of the said school. The respondents dispute the right of the appellants to function as the Managing Committee of the said school. The said question is the subject-matter of another Civil Rule and we arc not required to decide whether or not the appellants are entitled to still function as the Managing Committee of the said school. Shib Charan Bhattacharya, the respondent No. 3, had been the Head Master of the said Purba Kalikata Vidyatan Higher Secondary School for Boys. On 30th November, 1974, he had attained the age of superannuation but he was granted three successive extensions of service by the Managing Committee of the school. The District Inspector of Schools, Secondary Education Calcutta by his Memo No. 835/G dated 15th October, 1977 had conveyed the approval to the extension of the service of Shib Charan Bhattacharya from 1st December, 1976 to 30th November, 1977. The District Inspector of Schools (SE) Calcutta in the said memo had stated that the case for further extension of his service should be submitted at least six months before he completed the said term of extension. He should in no case be allowed to continue in his service after he completed the 65 years of age.
(2.) On June 21, 1977 Shib Charan Bhattacharya, the respondent No. 3, made an application to the Secretary of the Purba Kalikata Vidyatan Higher Secondary School for Boys praying that steps might be taken to extend his service for the fourth term for a further period of one year with effect from 1st December, 1977. He annexed a medical certificate to his said application. The Managing Committee, however, did not immediately take up the said application of the respondent No. 3 for consideration. On October 15, 1977 the respondent No. 3 made an application to the Director of Secondary Education, Government of West Bengal for granting him extension of service for a period of one year from 1st of December, 1977. The District Inspector Schools, Secondary Education Calcutta had recommended that the services of the respondent No. 3 be extended for one year.
(3.) On 29th October, 1977, the appellants as the Managing Committee of the aforesaid school had resolved not to entertain the application for extension of service made by the respondent No. 3. The sole ground for refusal was that the respondent No. 3 did not submit his application for extension of service for the fourth term at least six months before the expiry of his previous term of extension. In the second paragraph of the said resolution dated 29th October, 1977 it was alleged that the respondent No. 3 had refused to obey ad-interim order of this Court dated 11th October, 1977. Therefore, the respondent No. 3 was directed to proceed on leave on full pay till 31st October, 1977. The Additional Deputy Director of Public Instruction, Secondary Education, West Bengal by his Memo dated November 17, 1977 forwarded to the Secretary and the Head Master of the said school the following order dated 15th November, 1977 passed by the Director of Secondary Education West Bengal : Considering the contention of the Secretary and Sri Shib Charan Bhattacharyya, Head Master, Purba Kalikata Vidyatan for Boys, Calcutta,along with other documents, the services of Sri Bhattacharyya as Head Master of the aforesaid school can be extended for period from 1-12-77 to 30-11-78 in terms of Rule 28(3) of the Government Order No. 1598-Edn (S) dated 15.7.69 read with Government Order No. 41-Edn. (S) dated 8.1.74 and No. 941-Edn (S) dated 7.6.76 (regarding Rules for Management of Recognised Non-Govt. Institutions (Aided and Un-aided) 1969).;