Sambuddha Chakrabarti, J. - (1.) The petitioner appears in person and produces some proof of sending copies of the application to various respondents. Since they were despatched only yesterday at 3 p.m. it is not likely that they have reached the addresses. However, the respondent no. 9 appears in person. The petitioner submitting the urgency mentioned the matter yesterday. Considering the urgency of the petitioner we had decided to enlist the matter today. We have heard the petitioner as well as the respondent no. 9 in person.
(2.) Although only the above application is appearing in the list the parties appearing in person have addressed us on the merits of the appeal itself. Since we have heard the appeal on merits we propose to dispose of the appeal itself with the consent of the parties treating the same as on the day's list.
(3.) This is an appeal from a judgment and order dated April 26, 2019 passed by a learned single judge of this Court in W. P. 3326 (W) of 2019 dismissing the writ petition on merits. The appellant is the Headmaster of Gustia Kshetranath High School (the school, for short), i.e. the respondent no. 8. He filed the writ petition primarily challenging a show cause notice dated February 4, 2019 issued by the disciplinary authority, West Bengal Board of Secondary Education, directing him to reply to the show cause notice within a period of seven days from the date of receipt of the same. He received the same on February 7, 2019 and filed the writ petition on the very next day, i.e. February 8, 2019. The primary challenge of the appellant before us, as before the learned Single Judge, is that the authority while issuing the show cause notice did not comply with the provisions of Rule 5 (1) of West Bengal Board of Secondary Education (Appointment, Confirmation, Conduct and Discipline of Teachers and NonTeaching Staff) Rules, 2018 (the Rules, for short).;