VIJOY BAHADUR SINGH Vs. DIRECTOR SECONDARY EDUCATION

JUDGEMENT

(1.) The petitioners who are members of the Managing Committee of Gouripur Hindi High School a Class X High School, duly recognised by the West Bengal Board of Secondary Education has assailed in this writ petition the order contained in memo No. 6218--S.C./S. dated 25-10-1979 issued by the Director, Secondary Education, West Bengal, respondent No. 1, appointing Sri T. K. Lahiri, Assistant Inspector of Schools (S. E.) 24-Parganas as drawing and disbursing officer authorising him to draw all types of Government aids payable to Gouripur Hindi High School and to disburse the same among the bona fide members of the school at approved rates until further orders in terms of G. O. No. 2675-Edn. (S) dated 19-12-1978.

(2.) The petitioners and the respondents Nos. 7 to 9 are admittedly duly elected as members of the Managing Committee of the Gouripur Hindi High School on 14th of July, 1978. The life of the committee will expire sometime in July, 1981. The main challenge thrown in the writ petition is that the impugned order is illegal and bad inasmuch as it purports to affect the right of the Managing Committee conferred by Rules 27 and 28 on the Secretary of the Managing Committee of the institution as well as on the Secretary, Managing Committee to operate the accounts of the institution as well as to manage the funds of the institution. The impugned order has also been challenged on the ground that it purports to violate the provisions of Sub-rule (3) of Rule 27 of Rules for Management of Recognised Non-Government Schools (aided and unaided), 1969 inasmuch as there was no non-existence of any circumstance in which payment of grants-in-aid through the funds of the institution was considered non-expedient and the formation of the opinion by the Director was made on wholly irrelevant, extraneous grounds not germane. In other words, there was no valid reasons for formation of such an opinion by the Director and the opinion that was formed was a mala fide one. It has also been submitted that the impugned order has got civil consequences in-asmuch as it affects the righto of the Managing Commitee as well as of the Secretary of the school who is the petitioner No. 1 to manage and disburse the funds of the institution and the order was made without complying with and/or without observing the principles of natural justice which according to the petitioners are applicable to orders passed by the Administrative Authorities. It has also been submitted that the impugned order also violates the principles of fail play which is an index of the principles of natural justice because of the non-recording of any reasons for making the order. On all these grounds the impugned order was challenged before this Court and a rule and an interim order of stay of operation of the impugned order was obtained for a limited period of three weeks which, however, was subsequently extended till the disposal of the rule. On 29th of Jan., 1980, mere was a direction by this Court after hearing both the parties and the petitioner No. 2, the Head Master of the School to make payment of all the arrears of salaries including allowances to the five teachers named in the said order within a fortnight from date. It was also directed that in default of such payment the interim order should stand vacated. On 29th of Feb., 1980, the matter again came up before this Court and it was further directed that as the payment has not been made, in terms of the order aforesaid the interim order stood vacated by virtus of the said order, There was A direction on the authorities concerned to make payment of the five teachers within two weeks from that date.

(3.) It appears that an appeal was preferred against the said order being appeal F. M. A. T. No. 690 of 1980 wherein the application for stay was refused. Thereafter an application for stay was filed in the appeal under Article 136 of Constitution of India before the Supreme Court whereon the appellants were directed to comply with order passed by the Appeal Bench of this Court and to pay the above five teachers all their salaries.