B.Panigrahi, J. - (1.) In this case, the petitioners have challenged the legality, propriety and validity of the order passed by the District Inspector of School (SE), 24 Parganas issued in memo No. 29(4) dated 13th January 1982 and the impugned notice dated 16th January 1982 whereby and whereunder he had directed all students reading in class-V and class-VI to be admitted in some other schools other than Kamalamoyee Balika Vidyamandir. The petitioners who are the teachers as well as members of the erstwhile Managing Committee, have stated inter alia that for expansion of education of the girls in rural areas, the villagers have organised and set up the Sonaria Kamalamoyee Balika Vidyamandir, a Junior High School at Sonaria, District South 24 Parganas. At the first instance, they had received recognition from the President, West Bengal Board of Secondary Education as two class junior high school with effect from 1.1.74 vide memo No. 10378/3 dated 8.11.74 for two years. But subsequently, the said recognition was extended from time to time and lastly, it was extended until further orders per general circular No. S/688/ER/OC dated 17th September 1979.
(2.) The petitioners' main grievance is that the respondent No. 3 who was ex-headmistress made several attempts to bring a chaos in the administration of the school by defying the order of the Managing Committee. Since she was a supporter of the political party, somehow or other she managed to exert considerable influence upon the respondent 1, District Inspector of Schools (SE) and got appointed a drawing and disbursing officer for the said school by ignoring the rights of the then Managing Committee. The petitioners, therefore, filed a writ petition in this court and an interim order was passed thereto by stating the operation of the impugned order was stayed till the completion of enquiry in accordance with law. The District Inspector of Schools (SE) was, however, directed to disburse the salary to the teaching and non-teaching staff of the said school in accordance with law.
(3.) It appears that on 18.1.82 the respondent No. 1 directed all female teachers to join in other school as per memo No. 29(4) dated 13th January 1982 and the guardians were equally requested for taking transfer certificate of the students for admission in some other co-education school. Some of the girl students were issued compulsory transfer certificate enabling them to take admission in some other co-education school. Lady teachers who were transferred by virtue of the order dated 13.1.82 had, however, joined under the threat of action by the District Inspector of Schools (SE). After those teachers left the institution, gradually students strength diminished and thereafter, the District Inspector of Schools (SE) directed the Managing Committee to allow other students who were prosecuting their studies for leaving the school. It has been submitted that since the school is situated in the rural area, the people of the locality had founded the institution for propogation of education, the order of transfer was passed by the District Inspector of Schools (SE) for abolition or closure of the school, with illegal, motivated and mala fide intention. The respondent No. 1 in collusion with the respondent No. 3 has passed such colourable order. Therefore, the writ petitioners filed this case for quashing of the said order.;