JUDGEMENT
Dipankar Datta, J. -
(1.) This writ petition is directed against the order dated 13th January. 2009 of the District Inspector of Schools (SE), North 24-Parganas appointing Sri Tapan Kumar Chakraborty, Assistant Inspector of Schools (SE), North 24-Parganas as Drawing & Disbursing Officer to draw and disburse grants-in-aid to Guma Rabindra Vidyapith High School and for other purposes as mentioned therein. The ground for issuing the impugned order is that the District Inspector of Schools considered it necessary to appoint a Drawing & Disbursing Officer for removing administrative vacuum in the school which is not expedient for making payment of grants-in-aid through the funds.of the school.
(2.) The writ petition having been moved on 21st January, 2009, this Court had granted interim order staying operation of the impugned order for reasons recorded therein. The Court was of the view that the Managing Committee of the school having been reconstituted in April, 2008 and necessary approval having been sought for from the West Bengal Board of Secondary Education in June, 2008, question of there being an administrative vacuum would not arise. Also, there was no allegation in the impugned order that the Managing Committee had been reported to have misused and mismanaged Government funds warranting appointment of Drawing & Disbursing Officer.
(3.) Today, when the writ petition is taken up for consideration, it is submitted by Ms. Gutgatia, learned Counsel appearing for the State respondents, that the Managing Committee of the school has not been disbursing salary to the teaching and non-teaching staff regularly for which the situation has become absolutely chaotic and the aggrieved staff have filed several writ petitions before this Court claiming their salary. It is also her submission that the District Inspector by an order dated 20th January, 2009, issued in modification of the order impugned herein, has given fresh reasons for which he considered appointment of a Drawing & Disbursing Officer necessary for the school i.e. the representatives of the teaching and non-teaching staff of the school have detached themselves from the Managing Committee for a long time. By relying on a decision of a learned Single Judge of this Court dated 2nd November, 2006 in W.P. No. 23885(W) of 2006, she further contended that the members of the Managing Committee of the school have no right to claim that grants-in-aid be disbursed in any particular manner and through them. She accordingly, prayed for dismissal of the writ petition.;
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