- (1.) THERE were originally four petitioners in this application under Article 226 of the Constitution directed against the State of West Bengal, the officials of the said State and the President, Ad hoc committee. District School Board, Midnapore and Secretary, Ad-hoc committee, District School Board, Midnapore, as well as other members of the Ad-hoc committee of the District School Board, Midnapore. The petitioner no. 1 has described itself as the West Bengal Primary Teachers' Association, Midnapore District branch. It asserts that it is an association formed by primary teachers of different Primary Schools of the Midnapore District and the said association is registered and has further asserted "has been duly authorised to represent each and every member of the said association". The petitioners nos. 2 and 3 are office bearers of the said association and it is stated before me that they are already acting as Head Teachers of Primary School. The petitioner No. 4- is also an office bearer of the said association and it was asserted during the course of the submissions made before me that he was empanelled in the previous panel prepared for appointment as Head Teachers and he had applied for empanelment in the previous panel for the Head Teachers and was not notified that his application had been rejected and he presumed therefore that he was in the panel of Head Teachers. The subject matter of challenge is a communication being Annexure 'e' to the petition dated 12th of December, 1978. The said communication reads as follows:- "it has been under the consideration of the Board for sometimes past the demands of different recognised Primary Teachers" Organisation for cancellation of the existing Head Teachers' Panel with a view to prepare a panel afresh. After careful consideration of the matter, it has now been decided that the said Head teachers' panel be treated as cancelled with immediate effect. Sd/- D Sarker president ad-hoc Committee, District School Board, Midnapore".
(2.) IT has also been challenged before me that following this there was another communication dated 22nd of December, 1978 which is Annexure 'f' which is as follows :- "from: The President, Adhoc Committee, District School Board, Midnapore. To : All Deputy Assistant Inspectors of School and Sub-inspectors of Schools of the District. Sub: Preparation of circle-wise panel for appointment of Head teacher in different Primary and Jr. Basic Schools under this Board. In continuation of this office circular No. 5261 (130) dated 12. 12. 78 the undersigned has to request him to invite applications from amongst the Assistant Teachers of his circle who have got requisite qualification prescribed in Govt. Order No. 2123 SC/p dated 30. 3. 78/137-Edn (P)2-P-13-P-76 dated 16. 2. 77 and subsequent amendments vide Govt. Order No. 912 Edn (P) dated 22. 8. 77 and No. 986-Edn (P) dated 12. 5. 78. In the prescribed form ( sample enclosed ). Application may be received up to 15. 1. 79. ( Minimum Qualification : Training and S. F. pass or equivalent with five years continuous service as a teacher in recognised Primary Junior Basic School. Training Means : Junior Basic Training, Senior Basic Training, Senior Training and P. T. Training only ). Existing teacher-in-charge, even who are not dully qualified as per Govt. Order under reference may also apply for consideration. He is further requested to consolidate the particulars of the applicants in a bound register ( to be supplied by the Board ) as per perform enclosed and furnish the same along with the bunch of applications arranged serially by the 22. 1. 79. Particulars off Teacher-in-charges should be separately consolidated. Encl : 2 ( Two )Sd. Illegible, president District School Board, Midnapore".
(3.) IN order to appreciate these challenges it is perhaps necessary to refer to certain rules. But before do so it is necessary to refer to the relevant provisions of the statute. The Bengal (Rural) Primary Education Act, 1930 is the main Act, The said Act was, until as hereinafter mentioned, amended up to 1st of March, 1969 and the said Act by provision of Section 6 provided for establishment of the Central Primary Education Committee for controlling primary education. Section 4 deals with the constitution of the committee and establishment of a District School Board for the purpose of controlling primary education in the district. By the different clauses who should be the members of such District School Board were indicated. Section 8 of the Act was in the following terms : - "8. (1) There shall be a President of the Board, who shall, until the expiration of two terms of four years mentioned in sub-section (2) of section 10 after the first establishment of the Board be a member of the Board appointed in that behalf by the (State Government), and shall thereafter be a member of the Board elected in that behalf by the Board in the prescribed manner and approved by the ( State Government) : ( Provided that a President elected by a Board, may, after his election perform, the duties of his office while the question of such approval is pending ). (2) The Board may from time to time elect, for such period as it thinks fit, one of its members to be Vice President. " section 11 dealt with the position how there night be removal of members. Section 14 stipulated that every Board should be a body corporate and the consequences of being a body corporate was also indicated. Section 15 dealt with the function of the President and was in the following terms : "15. (1) The President, or in his absence, the Vice-President, shall preside at every meeting of the Board, and shall have a second or casting vote in all cases of equality of votes. (2) In the absence of both the President and Vice-President, the members present at any meeting shall elect one of their member to preside, who shall have a second or casting vote in all cases of equality of votes. " Section 18 also dealt with the duties of the president and the Vice-President and was in the following terms : "18. (1) All orders of the, Board shall be carried in to effect by the President in whom the entire executive power of the Board shall be vested and who shall be responsible for giving effect to such orders. (2)The President shall not exercise any power which by this Act is expressly declared to be exercisable by the Board. (3)The President may authorise the Vice-President by an order in writing to exercise any of the powers conferred or to perform any of the duties imposed on the President by this Act and thereupon the responsibility of the President in respect of such powers and duties shall devolve upon the Vice-President during the continuance of such order -. (4) When the office of President is vacant the Vice-President shall exercise the functions of the President until a new President is appointed. " Section 19 dealt with the powers of the Board to make regulations and Section 22 dealt with the super session of the Board and was in the following terms : "22. (1) If at any time it appears to the (State Government) that a Board is not competent to perform or persistently makes a default in the performance of, the duties imposed upon it by or under this or any other Act, or exceeds or abuses its powers, the (State Government) may, by an order in writing, specifying the reasons for so doing, remove all appointed and elected members of such Board and direct that the vacancies shall thereupon be filled by election in respect of elected members and by appointment in respect of appointed members or that all the vacancies shall be filled by appointment. (2) From the date of an order under sub-section (1) until the vacancies are filled (a) all powers and duties of the board shall be exercised and performed by, and (b) All property vested in the board shall vest in, such person, in (a)such manner as the, (State Government ) may direct". ;