Moushumi Bhattacharya, J. - (1.) The writ petitioner is the Secretary of the Managing Committee of Durgapur MAMC Township Modern High School. The writ petitioner has assailed a Memo dated 7th March, 2019 of The West Bengal Board of Secondary Education (the Board and the respondent nos. 6, 7 and 8 herein) enclosing an order passed by the President of the Ad-hoc Committee of the Board by which, inter alia, the District Inspector of Schools (DI), Paschim Burdwan or the authorised nominee of the President of the Ad-hoc Committee to act as an Administrator of Schools with immediate effect.
(2.) A brief statement of the undisputed facts leading to the impugned order passed by the Secretary of the Ad-hoc Committee of the Board is stated for a better understanding of the alleged grievance of the writ petitioner. • The term of the Managing Committee of the concerned School was due to expire on 28th October, 2018. • The Headmaster of the School by a letter dated 7th May, 2018, informed the Secretary, West Bengal Board of Secondary Education of (WBBSE) and the Additional district Inspector of Schools (ASI), Pashcim Burdwan, complaining against the petitioner with regard to the constitution of the Managing Committee after expiry of its term. In the said letter, the relevant Rule being Rule 9(2) of the Rules for Management of Recognized Non-Government Institutions (Aided and Unaided), 1969 Rules under which the date of election for a Managing Committee is required to be fixed at least sixty days before the expiry of its term. • The Managing Committee suspended the Headmaster on 4th October, 2018 and by a Resolution dated 6th October, 2018 appointed a Teacher-in-Charge to look after the day-to-day administration of the schools. • The Teacher-in-Charge made an application to the Board on 9th October, 2018 for extension of the term of the Managing Committee. • The WBBSE extended the term of the Managing Committee on 10th October, 2018 until 30th April, 2019 or until the completion of the re-constitution of the Managing Committee. This letter was addressed to the Teacher-in-Charge of the School who had made the application before the Board. • The Assistant Headmistress by a letter dated 10th October, 2018, informed the Board that the Headmaster of the school has been suspended by the Managing Committee on 5th October, 2018 and requested the Administrator and/or the Secretary of the Board not to accept any letter for extension of the term of the Managing Committee by any teaching staff claiming to be holding to the post of Teacher-in-Charge. • On receipt of the letter dated 10th October, 2018 from the Assistant Headmistress, the Board asked the Teacher-in-Charge to return the extension letter, which was taken back on 12th October, 2018 and by a letter dated 12th November, 2018, the order of extension (granted on 10th October, 2018) was revoked by the Board. This letter was addressed to the Headmaster of the school. • The letter of cancellation of the extension of the term of the Managing Committee was challenged in W.P No. 24294(W) of 2018 (Managing Committee of the Durgapur MAMC Township Modern High School Vs. The State of West Bengal & Ors), which was disposed of by a letter dated 2nd January, 2018, directing the WBBSE to pass a reasoned order after granting an opportunity of hearing to the Managing Committee, the Headmaster and the Assistant Headmistress of the school. • Pursuant to the order passed by this Court, the concerned parties were heard and the President of the Ad-hoc Committee of the Board passed the impugned order dated 5th February, 2019 by which the prayer for extension of the Managing Committee of the School was rejected, the suspension of the Headmaster was held to be disputed and the Administrator was appointed with immediate effect. • The aforesaid order was communicated by a letter dated 7th March, 2019 addressed to the petitioner, which is the subject-matter of challenge in the present writ petition.
(3.) It should be noted that during the course of hearing, this Court was informed by counsel appearing for the Board that an Administrator had been put in charge of the school on 18th March, 2019. On the basis of such submission, an order was passed by this Court on 19th March, 2019 whereby the concerned Authorities were directed to maintain the state of affairs as was existing as on the date of filing of the writ petition, namely, 14th March, 2019, until a decision has been passed in the present proceedings. The reason for passing such an order was due to the challenge made to the decision of the Board to appointment an Administrator which is the very basis of the present proceedings.;