Moushumi Bhattacharya,J. - (1.) The petitioners no. 1 and 2, being the Managing Committee and the Headmaster of Shree Balkrishna Vithalnath Vidyalaya, respectively, have challenged an order dated 12th September, 2018 passed by the Chairman, Appeal Committee, West Bengal Board of Secondary Education by which a suspension order passed by the Managing Committee against the respondent no.8, one Sushil Kumar Rai (the private respondent) was set aside and the Managing Committee was directed to permit the private respondent to join the school. The specific direction passed by the Appeal Committee of the Board reads as follows; "Opposite party is directed to comply the order within the stipulated period and as per spirit of this order positively failing which the Board with the help of D.I. of schools and o/c of the local p.s. shall implement the order very strictly."
(2.) At the outset, learned counsel appearing for the parties invited the court to consider a preliminary point on the jurisdiction of the Appeal Committee of the Board to pass the impugned order dated 12th September, 2018 as well as the objection taken by counsel appearing for the private respondent on the locus of the Managing Committee to file the present writ petition. It was agreed that the merits of the dispute would be gone subject to the decision on the preliminary objections.
(3.) Learned counsel for the petitioners takes the preliminary point of questioning the jurisdiction of the Appeal Committee to make the impugned decision. Such challenge is based on a Notification of 28th July 2016 by which the West Bengal Board of Secondary Education Act, 1963, was amended by inserting a new section, namely section 4A, which the State Government was given the power to appoint an 'Ad hoc Committee' for a period not exceeding one year at a time, or as notified. The relevant part of the West Bengal Board of Secondary Education (Amendment) Act, 2016, is set out below; "West Bengal Act VIII of 2016 THE WEST BENGAL BOARD OF SECONDARY EDUCATION (AMENDMENT) ACT, 2016. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette Extraordinary, of the 28th July, 2016.] Government of West Bengal, Law Department (Legislative) Notification No. 684- L.--28th July, 2016.--The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:--- An Act to amend the West Bengal Board of Secondary Education Act, 1963. WHEREAS it is expedient to amend the West Bengal Board of Secondary Education West Ben. Act, 1963, (West Ben. Act V of 1963) for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Sixty-seventh Year of the Republic of India, by the Legislature of West Bengal, as follows:--- 1. Short title and Commencement.-(1) This Act may be called the West Bengal Board of Secondary Education (Amendment) Act, 2016. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Insertion of new section 4A after section 4 of West Ben. Act V of 1963.- After section 4 of the West Bengal Board of Secondary Education Act, 1963 (hereinafter referred to as the principal Act), the following section shall be inserted:--- "Constitution of Ad-hoc Committee.-4A. (1) The State Government may, by notification, appoint a Committee. Ad hoc Committee consisting of- (a) a President, and (b) such number of other members not exceeding eleven, as the State Government may think fit, For such period, not exceeding one year at a time, as may be specified in the notification. (2) The President of the Ad hoc Committee shall exercise all the powers, and shall perform all the functions, of the President of the Board, and the Ad hoc Committee shall exercise all the powers, and shall perform all the functions of the Board and the Committee constituted by the Board under this Act.";