SK NAZRUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this art.226 petition dated May 19, 2010 is seeking a mandamus commanding the respondents to make enquiry and take appropriate steps against the persons misappropriating school funds.

(2.) The petitioner claims to be a guardian of a student studying at Gutinagori Aloktirtha Vidyaniketan in Gutinagori of the district Howrah. According to him, the members of the managing committee and the headmaster of the institute, running the affairs of the institute, have misappropriated school funds, and hence the district inspector of school should make an enquiry and take necessary steps.

(3.) The questions are what is the petitioners locus standi, and whether the district inspector of schools is empowered to make any enquiry into the allegation. Admittedly, this is not a public interest litigation. There is no reason to say that even if the persons managing the affairs of the institute have misappropriated school funds, the thing cannot make the petitioner personally aggrieved. He does not suffer any personal loss or prejudice. A petition under art.226 of the constitution, other than a public interest litigation, can be filed only by a person aggrieved.