Satyabrata Sinha, J. - (1.) This appeal is directed against a judgment and order dated 15th January, 1998 passed in W.P. 28388(W) of 1997, whereby and whereunder the writ-application filed by the writ-petitioner was disposed with certain directions.
(2.) The petitioner in the writ application, inter alia, has questioned the appointment of the respondent-administrator on the ground that the same was in violation of Rule 8(2) of the Rules for Management of Recognised non- Government Institutions (aided and unaided), 1969.
(3.) Mr. Roy, learned counsel appearing on behalf of the appellant, submitted that a bare perusal of the Rule 8(2) of the Management Rules would show that an administrator can be appointed by the Executive Committee only in the circumstances mentioned therein. According to the learned counsel, term of such appointment cannot exceed two years unless the incumbent of the office of the Administrator files an application and the period of his appointment is extended on cogent reasons. It was further submitted that the management of a school cannot be kept in the hands of the Administrator by making such appointment successively which would amount to commission of fraud on statute. The learned counsel has pointed out that no attempt had been made by the Administrator to hold election.;