Bijitendra Mohan Mitra, J. - (1.) This writ petition is at the instance of the Secretary, Ramakrishna Mission Ashram, Baranagar seeking a relief by way of issuance of a writ of mandamus commanding upon the respondent to cancel, withdraw and to rescind from giving any effect or further effect to the impugned Memo being No. 2194(2) dated 27.1.98 (Annexure'X') issued by the Chairman, District Primary School Council, North-24 Parganas and also for a relief by way of a direction upon the respondents to release the amount in terms of the monthly return submitted by the Secretary and Head Teacher of Ramakrishna Mission Ashram, Baranagar, Calcutta. The impugned memo under reference is annexed to the writ petition vide Annexure 'X' and in terms of which it has been stated that the monthly return was not acceptable to the Council for the reason as the same is not signed by the duly appointed Teacher-in-charge/Head Teacher and authorised by the Sub Inspector of Schools (P. E.), Baranagar Circle, as per the existing procedures. The said institution is being run and is under the auspices of Ramakrishna Mission and they have adopted a special constitution of the managing committee. The same can be reflected from Notification No. (171-Edn(P))/(5C-4/72/73) dated 27.2.1975 issued from the Deputy Secretary to the Government of West Bengal to the Director of Public Instruction, West Bengal. It is necessary to refer to the caption of the subject contained in (be said memo under reference namely special constitution of the managing committee for Primary (including Junior Basic) Schools under the Ramakrishna Missions and Arya Pratinidhi Sabha. It appears from the prefix of the said notification that in partial modification of para 10 of G. O. No. 750-Edn. (P) dated 21.10.70 the Governor is pleased to order that in respect of the Primary (including Junior Basic) Schools managed by the Ramakrishna Mission, Ramakrishna Sarada Mission, Christian Missions and Arya Pratinidhi Sabha, Bengal and Assam or Gurukul Vidyaiaya Trust, in urban areas, the special constitution of Managing Committees will be there. In terms of the said special constitution the funds of the institution shall with the management.
(2.) There has been an initial debate as to the validity or sustainability of the said notification authorising adoption of special constitution by the limited institutions such as being run under Ramakrishna Missions issued under the orders of the Governor. In the said context a reference was drawn to the case of Bramchari Sidheswar Shai & Ors. appellants v. State of West Bengal respondents reported in AIR 1995 SC 2089. Specific attention of this Court has been drawn by Mr. Mukherjee the learned Advocate appearing for the petitioner to paragraph 60 of the said decision wherein it has been observed by the Apex Court which has been quoted hereunder : "Thus when Ramakrishna Mission College had come to be built, established and managed by the Ramakrishna Mission, it is difficult for for us to think that the learned Judges of the Division Bench of the High Court were not right in holding that the Government should not be directed by issue of a mandamus, to constitute a governing body for the Ramakrishna Mission College on standard pattern taking recourse to the West Bengal Act of 1975 and the West Bengal Act of 1978. although for its own reasons. Therefore, in the peculiar facts and circumstances in which Ramakrishna Mission Coloege at Rahara was established on Ramakrishna Mission's land and allowed to be administered by the Ramakrishna Mission through its own Governing Body, we feel that interests of Justice may suffer by directing the State Government to constitute its own governing body on standard pattern of the usual sponsored colleges, as prayed for by the writ petitioners. However, the view we have expressed in the matter shall not come in the way of the State Government to change their earlier arrangement with the Rama-krishana Mission in the matter of governance of the Ramakrishna Mission College".
(3.) In the backdrop of the said citation as referred to above and relied upon by Mr. Mukherjee, learned Advocate for the petitioner he had narrated the background of the salient feature of the pattern of functioning of Ramakrishna Mission with regard to its own educational institution. There has been a system which has emerged as a result of which a monk teacher is supposed to function as the Teacher-in-charge who renders hit services free of charge as a missionary in pursuit of his missionary zeal in unision with the objective for the Ramakrishna Mission for the service of the society. This Court is not unmindful to the reality that in the present social structure, selfless service of teaching with devotion can be rendered in a missionary zeal without being influenced by considerations of pecuniary motivation. The entire society of today appears to be marked by demonstration of zeal for pursuit of money and the same seems to have plagued the entire foundation of the society. There is no allegation either of defalcation of funds or financially impropriety on part of the monk teacher. In the said context a reference was drawn to Annexure 'P' to the writ petition which is the notice of a meeting of the managing committee of the concerned school scheduled to be held on 30th August, 1997. From the minutes of the meeting, it appears that the teachers unanimously suggested that charge of Head Teachership should be given in favour of Swami Gokuleshananda who is functioning as the Principal and Assistant Secretary of the concerned school and the managing committee. The same appears to be an unanimous resolution. It further appears that for a certain period commencing from 30th August, 1997 to 27th January 1998 the monthly return has been submitted by the said Swamiji in his capacity as teacher-in-charge and on the basis of forwarding the same salary of the teachers were allowed to be withdrawn. The same was followed by a communication made from the Chairman of the District Primary School Council, North 24-Parganas by placement of reliance on Annexure'A' to the original writ petition and it was intimated to the Manager of the State Bank of India, Cossipore Branch intimating the said officer with a request to withhold payment to the teachers against the draft number mentioned therein dated 2.2.98 till further instructions from this end. The same resulted in a stalemate situation and it has a destabilising effect on the entire atmosphere of the institution. Number of teachers who are used to get their monthly remuneration if suddenly are, interfered with from getting the same because of the administrative instructions it become very difficult for them to meet their subsistence in hard days for survival. Such preemptive action on the part of the authorities is bristled with far reaching pernicious implications which may result in creation of a situation of havoc in the educational institutions. The same is likely to be visited upon the fate of the students who are pursuing their studies. It is necessary to make a re-mention about Annexure 'X' where a cryptic reference was made about existing procedure and the learned Advocate appearing on behalf of the District Primary School Council and also on behalf of the State respondent are requested to refer to the existing procedure which have given sanction for the same. Mr. Bose, one of the learned Advocates appearing on behalf of the Council has taken time to refer to the existing procedure and a reference was made to Memo No. 4649(40)SC/PII dated 21st August, 1969 issued on behalf of the Director of Public Instructions. A further reference was made to other memos namely Govt. Order No. 1079-Edn. (P) dated 27.9 68. Thereafter, the attention of this Court was shown to the specimen of monthly return form and this Court was given to understand from the format that there was requirement of three signatories to be embodied in the format contained in the signature of Inspector of School, authorised representative or teacher-in-charge or Principal who has been duly authorised. Mr. Mukherjee, learned Advocate appearing for the petitioner to repel the said contention of Mr. Bose has strongly contended the peculiar language of the Memo and it has been particularly stated that the same has not been issued either by the Governor or on behalf of the Governor and such administrative instructions unless issued by or on behalf of the said authority cannot prevail on the memo as referred to dated 27.2.75 issued by the Governor himself. Mr. Mukherjee has referred to the provisions of Article 154 of the Constitution of India and he has contended that in terms of the constitutional provisions the executive power of the State shall vest on the Governor. It has been further pointed out by Mr. Mukherjee that the date of the notification being 27.2.1975 is significant as it is after the parent Act of 1973., even a reference was made to Notification No. (346-Edn.(S))/(S. 8B-3/69Pt.1) dated 21st July, 1971 and it appears from the same that there is conferment of special rules of the management of the Ramakrishna Mission Schools under Rule 33 of the Rules for management of Recognised non-government institutions and the Secretary has approved of the sanction of the said special rules with regard to management of Ramakrishna Mission Schools. Mr. Bhattacharjee, learned advocate for the State respondent has submitted that in view of the Supreme Court decision as referred to earlier prosecution of faith, pursuit by Ramakrishna Mission is considered to be a part and parcel of Hinduism and as such the said Ramakrishna Mission and its followers are not entitled to be treated or to be considered to have enjoyed the protection as religious minorities. This Court is not concerned to enter into that controversy as in view of the conferment of the privilege for grant of special constitution with regard to the school headed by Ramakrishna Mission. It has also come to the notice of this Court that if there was some procedural irregularity in forwarding of the monthly bills of the teachers duly signed by Swami Gokuleshananda then how could the same be released for a certain duration from the period of the end of August, 1997 to the end of January, 1998. It also does not appear from Annexure 'A' that existing procedure has been sanctioned by the Governor Mr. Bose could draw the attention of the Court to any Memo or circular or notification alleged to have been issued even on behalf of the Governor. Any officer of the Primary Education Department of the State Government cannot issue circular and the said circular cannot acquire the sanction of existing procedure. The procedure whenever they are to be accepted must borrow from origin or from a source namely from legislation, rules or notification issued from an authority on which the said administration vests. There is no iota of doubt that the executive power of the State shall vest on the Governor and the Governor is supposed to issue notification with the concurrence of the State Government. It becomes doubtful whether the State Government can challenge the notification issued either in the name of the Governor or on his behalf. The machination adopted by the officers at certain level of the structure of administration cannot be allowed to have a right of rampage to destabilise educational institutions in the name of technicalities. Even a suggestion came from Mr. Bhattacharjee that under the orders of the Court the Assistant Inspector of Schools of lit District Primary School Council be authorised to distribute salaries to n teachers. The entire control of management in terms of special constitution must be with the monk teacher who is holding the key position transmit the culture of the mission and to make experiment in the field of education in the institution run by the Ramakrishna Mission. Just because teachers are being funded from the State exchequer it has no right to inject its own ideas and culture and culture of the lofty tradition of Ramakrishna Mission should not be allowed to be superseded by infiltration of the force of bureaucratic culture. It is well known that Ms run by Ramakrishna Mission have proved their credibility because of their performances. Technicalities should not be allowed to make inroad which are fomented by the department to destabilise the educational atmosphere of the institutions. The institution is being run and it tends to survive because of its association with Ramakrishna Mission and the State Government can only have a role to play to see if there are Irregularities with handling of funds and finances. There is no complaint on record nor any whisper about the same that money in lieu of salary lit been paid to any unauthorised person or has not been paid to a genuine teacher rendering his services for the school.;