Basak, J. - (1.) This is an application under Article 226 of the Constitution of India whereby the petitioner has challenged an Order passed by the Administrator, West Bengal Secondary Education, whereby Sri T.K. Thakur, Additional D I. of Schools (B. E.) Burdwan, P.O & Dist. Burdwan, has been appointed as Administrator of Rayan High School, P.O. Ravan, Dist. Burdwan, (hereinafter referred to as the School) In view of the nature of the contentions raised before me it is not necessary for me to go into the details of the facts of this case. On the 27th March, 1977, an election was held for electing the members of the Managing Committee and it is slated that the petitioner was elected as such member and as such Secretary. It is alleged that on the 15th May, 1977, the newly constituted Managing Committee held its first meeting after assuming the charge to run the said School and since then the said Managing Committee has been running the School effectively without any fault or spot. It is alleged that there are certain enquiries made, which are termed as fake, collusive and colourable. Be that as it may, it appears that on the 6th October, 1978, the petitioner was served with a letter dated the 25th September, 1978, signed by the Secretary. West Bengal Board of Secondary Education, (hereinafter referred to as the Board) whereby it has been stated that the Administrator has passed an order on the 21st of September, 1978, to the following effect:- "I have considered the reports received from the Director of Secondary Education, West Bengal on the matter relating to election for reconstitution of the Managing Committee held on 27.3.77 of Rayan High School, P.O Rayan, Dist. Burdwan. It reveals from the report that the Head-; master of the School arranged to hold election on 27.3.77 by using election symbols against the names of the candidates seeking election despite the fact that a specific election programme was incorporated in the procedure for holding election published by the Board vide Circular No. 1/74 dated 15.4.74. In the facts and circumstances aforesaid I. Administrator. West Bengal Board of Secondary Education, in exercise of power conferred upon me under Section 27(2) and Section 50 t f the West Bengal Board of Secondary Education Act, 1963, as amended, set aside the election held on 27.3.77 and appoint Sri T.K. Thakur, Addl D. I. of Schools (B E.) Burdwan to act as Administrator of Rayan High School, Burdwan for a period of six months or until further orders whichever is earlier on usual terms and conditions in place of the disapproved Managing Committee. The Administrator, as appointed, will assume charge forthwith. On assumption of charge, the Administrator will exercise powers and perform functions of the Managing Committee including power to operate Bank and Postal Accounts standing in the name of the School and arrange for reconstitution of the Managing Committee as per prescribed rules within the term of appointment." This order is challenged in this proceeding.
(2.) Mr. B.N. Sen learned Advocate appearing in support of the Rule has raised inter alia the following contentions:- Firstly, he has submitted that the Administrator has no jurisdiction to pass any such order. Mr Sen has drawn my attention to Section 27(2) and Section 50 of the West Bengal Board of Secondary Education Act, 1963 as amended (hereinafter referred to as the Act), upon which reliance is placed by tho Board (through the Administrator invoking such power. Mr Sen has submitted that Section 50 deals with completely different matter and Section 27(2) does not center any such power.
(3.) The second contention of Mr. Sen was that by this order the right of the petitioner to act as a Member of the Managing Committee has been affected and accordingly the petitioner should have been given an opportunity of being heard. The principle of natural justice should have been followed in this case.;