Moushumi Bhattacharya - (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; JUDGEMENT_42_LAWS(CAL)8_2019_1.html ;