STATE OF WEST BENGAL Vs. SWAMI SADANANDA

JUDGEMENT

(1.) The above appeal is directed against the judgment and order of the learned Single Judge dated 24th December. 2009 passed in Writ Petition No, 13117 (W) of 2007. By the judgment and order impugned the learned Trial Judge directed to approve the members of the Staff who have already been appointed against the sanctioned post. The short fact of this case leading to filing the writ petition and preferring appeal is as follows:- The first respondent is the Secretary of Sri Ramkrishna Ashram Junior Basic School P.O. Nimpith Ashram, Joynagar in the District of South 24 Parganas. The said Sri Ramkrishna Ashram, Nimpith is the registered society, and within its object clause of the bylaws of the society the said Ashram has established several schools at remote villages of Sundarban area for educating children belonging to Scheduled Caste, Scheduled Tribes community and also other backward classes. This area is widely known to be the most backward area as such this avowed scheme for imparting free education to this section of people has been adopted by this society which the Government has not been able to do so. The society therefore has established 11 schools with all required facilities in the locality of South 24 Parganas in remote places of Sundarban area. One of the schools is Ramkrishna Ashram Junior Basic School at Nimpith. This school has been established not only to impart the general education but also to educate them in practical education for reformation of the society and to build the future generation as a responsible citizen who can do the social work also. The said school at all material times had and still has been run by the said society which is described and recognized as religious institution within the meaning of Articles 26 and 29 of the Constitution of India. The said Junior Basic School was established long time back. The society has got its own rules and regulations with power to appoint teacher to run the administration of the said school. The said Junior Basic School has been sanctioned by the then Director of Public Instruction, Government of West Bengal under G.O. No. 845-SC/P (ii) dated 12th September, 1963 and at all material times the same has been run smoothly since then under the management of its parent body Sri Ramkrishna Ashram, Nimpith enjoying Special Rules vide Memo No. 918-Edn.(S) dated 21st September, 1990. There were 9 sanctioned posts in the said school and all the 9 staffs were appointed by the management of the said school.

(2.) Subsequently, after recognition of the said school, 5 out of 9 approved teachers were transferred to elsewhere for their own interest during the period of 1986 to 1988. In view of the vacancy having arisen the Managing Committee of the school duly appointed 5 new teachers and thereafter School Authorities sought for approval of appointment unsuccessfully. Several representations have been made for approval of the school. The said Junior Basic School is a Class - X unit with roll strength of 657, and nine (9) teaching staff are still working in the said school and out of 9 teachers only one approved teacher is serving. When no decision was taken with regard to the approval of appointment as above, the respondent No. 1 on behalf of the said society filed a writ petition in this Court and prayed for amongst other granting approval. The said writ petition was disposed of by a learned Single Judge by an order dated 9th May. 2001 directing the Director of School Education (Primary) to consider and dispose of the representation. Thereafter, pursuant to the said order dated 18th May, 2005 Director of School Education (Primary) considered the representation and rejected prayer for approval of the appointment observing that under the Special Rule the society had no power to fill up the vacant posts. Challenging the said order another writ petition has been filed and the same is still pending. During pendency of the said writ petition the Secretary made representation to the Secretary of Education Department to grant approval of appointment of 9 teachers and to release their arrears and current salaries. In response to the said representation dated 25th May, 2006 the Joint Secretary, by letter dated 26th November, 2006 informed the respondent herein that according to Section 60 sub-section (i), Clause f, k, (kk) of West Bengal Primary Education Act 1973, the Primary School Council, South 24 Parganas has been empowered to grant recognition, pay salary of teachers of Pre-Primary School and the respondent No. 1 was advised to approach the Primary School Council concerned for getting recognition as a separate Primary School and informed that as this school was granted recognition by D.P.I. on 2nd May, 1967. The D.P.I. is to recommend the name for granting recognition to South 24 Parganas District Primary School Council. The said communication of the Joint Secretary was replied to by another representation dated 2nd December, 2006. On receipt of the representation, Joint Secretary, Department of School Education, respondent No. 1A in the writ petition enquired the petitioner whether prior permission was taken from District School Board before giving appointment of 9 teachers of the said school and how Special Rules would be applicable to the Primary School while there is no provision of Special Rule in West Bengal Primary Education Act. On receipt of the said letter dated 8th January, 2007 the petitioner contended that the said school was recognized prior to West Bengal Primary School Act, 1973 came into force as such recognition was not required under the said Act. While recognizing this school earlier the Government has permitted the management of the said school by the society itself, accordingly granted approval to the appointment of teacher and releases all salaries without any dispute. Ultimately no approval to the appointment has been granted. The respondent-writ petitioner made formal demand of justice through their learned lawyers. The Chairman, South 24 Parganas District Primary School accordingly refused to grant approval to the appointment by letter dated 14th May 2007 on the ground mentioned therein. Being aggrieved by and dissatisfied with the said communication dated 28th November 2006 and 14th May, 2007 of the respondent No. 5 the above writ petition was filed.

(3.) It appears basically the case of the writ petitioner-respondent is that since this institution is run by religious institution a Special Rule has been framed to enable them to manage and run school and by virtue of such Rule the appointment of teachers to the said Junior Basic School was made and in spite of appointment being made to the vacant sanctioned post approval was not accorded.