CHITTARANJAN DAS Vs. STATE

JUDGEMENT

(1.) IN this Writ petition the subject-matter of challenge in two letters issued by the Secretary, M. R Biswas (respondent No. 9) requesting the petitioner to hand over charge of the office of the Secretary to him as he has been elected as secretary of the school. These two letters are dated 29. 4. 80 and 2. 5 80.

(2.) THESE two letters have been assailed before this Court by Mr. Chakraborty on the ground that though the petitioner's ward appeared in the School Final Examination yet rule 30 of the rules laying down procedure for election of managing Committee of non-government institutions (aided and unaided) does not apply to this case on the ground, inter alia, that this school imparts instructions not only up to Secondary standard but also up to Higher Secondary standard and the son of the petitioner who duly passed the Secondary examination from this school had not left the school but has been continuing his studies in the higher secondary section of this school and secondly, the rules and regulations framed by the West Bengal Council Of Higher secondary Education under sub-section (3)read with clause (d) of sub-section (2) of section 21 of the West Bengal Council of higher Secondary Education Act, 1975 clearly provides in regulation 4 sub-regulation 7 that a secondary institution shall have a managing committee constituted in accordance with the rules and orders issued by the State Government.

(3.) IT has been urged by Mr. Chakraborty referring to paragraph 1 of the circular dated 10. 8. 1976 that so long as rules are not framed laying down the procedure for constitution of the managing committee of higher secondary institutions, ad hoc managing committee will be formed in accordance with the mode prescribed in paragraph 1 of the Circular dated 10. 8. 76 and the petitioner being the secretary of the managing committee of the school is entitled to act as secretary of the managing committee of the higher secondary school. It has therefore been urged that the secretary cannot be treated as having ceased to be in the office of the secretary as his ward is no longer a student of the secondary school. It has been therefore submitted in the petition that the letters which were issued by the newly elected secretary of the managing committee asking the petitioner to hand over the charge of office of the secretary is wholly illegal and unwarranted. This application was moved on 13. 6. 80 and on that day the petitioner was directed to serve copies of the application on respondents nos. 3, 5 and 6 and an interim order of maintaining status quo as on that day for two weeks was granted. An affidavit-in-opposition has been filed by mr. Basu appearing on behalf of respondents no. 6 to 10,12,13, 15 and 16. It has been specifically averred in paragraph 4 of the affidavit-in-opposition that the petitioner was the secretary of the school and thereafter on and from 26. 4. 80 the respondent no. 9 was duly elected to be the secretary of the school and he has been functioning in that capacity up to today. In paragraph 13 it has been averred that the newly elected secretary (respondent no. 9)is operating all the accounts of the school jointly with respondent no. 8 since 20. 5. 80. The respondent no. 9 sanctioned a loan of rs. 500/- to Shri Sushil Kumar Das, an assistant Teacher of the school, from his provident Fund Account and the bank transaction was made on 2. 6. 80 and respondent no. 9 also issued several letters to respondent no. 5 in connection with different problems of the school. It has been thus stated that the respondent no. 9 has been duly functioning as secretary of the managing committee of the school and the petitioner is no longer acting as secretary of the school. The allegation made in the affidavit-in-opposition are not admitted by the petitioner.