STATE OF WEST BENGAL Vs. NURUDDIN MALLICK

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against the judgments and orders dated 9th February, 1994 and 29th August 1995 by which the High Court directed the appellant-authorities to grant approval to the teaching and non-teaching staff including the Head Master (Mohd. Nuruddin Mallick) in the respective posts held by them in a Madrasah known as Bishalaxmipur Pune Saha Mastania Junior High Madrasah.

(3.) The present case is one of such unfortunate tug of war between the Management of an Educational Institution and the statutory authorities. Such situations are gradually rolling into spate of litigations crumbling the very base of the educational environment. It is either on account of factionalism within the management, each faction when in power trying to pour in his men contrary to the norms fixed or sometimes on account of authorities deliberately pulling the strings of the management for strifling reasons delaying the legitimate conferment of rights of the teachers, staff or the institution. Education is the foundation of the prosperity of any country, it shapes its future by inculcating discipline, culture and the spirit into the youth. If the very foundation of education is involved in long drawn out litigation, the very hope and aspiration of the youth for the future is lost. Every contribution by any person entrusted with such noble service may be teacher, management or staff, whether Government functionaries or statutory authorities has to render service with dedication and with the sole objective to render service to the nation and in doing so eliminate, if any, strifling conflicts to reach the objective in accordance with law. Any action by all such has to be shunned and an atmosphere to be created which is conducive to the healthy atmosphere for the students. With this now we proceed to examine this case.