MANAGING COMMITTEE, JIAGUING S.N. GIRLS HIGH SCHOOL AND OTHERS Vs. W.B. BOARD OF SECONDARY EDUCATION AND OTHERS

JUDGEMENT

(1.) In this writ application the petitioners, the elected members of the Managing Committee, having challenged the decision dated 2nd March, 2000 of President, West Bengal Board of Secondary Education being Annexure 'J' to the writ application whereby and whereunder the said President upon exercising his emergency power assumed the jurisdiction of the Board itself and adjudicated the matter relating to approval of the newly elected Managing Committee which was required to be done under the provisions of the law by other authority. The said decision of the President was passed in pursuance of the earlier direction of this Court passed in W.P. No. 9272 (W) of 1999 whereby M.H.S. Ansari, J. by the order dated 13th Jan., 2000 directed the Board to decide the matter in issue and to pass a reasoned speaking order after hearing the parties. The order dated 13th Jan., 2000 being Annexure 'H' to the writ application was passed in presence of the learned Advocate appeared for the Board of Secondary Education. At that time no argument was advanced that the Board being a Body constitutes with so many members would not be able to sit and adjudicate the issue in question as directed by the Court within certain stipulated time that is by three weeks. No appeal was preferred by the West Bengal Board of Secondary Education challenging the order of M.H.S. Ansari, J. passed on 13th Jan., 2000 in the earlier writ application. Hence, adjudication of the matter regarding supersession of the Managing Committee constituted with elected members and appointment of the administrator and approval of the reconstituted Managing Committee were required to be done by the Board itself, since the order passed by M.H.S. Ansari, J. reached its finality. Hence, the impugned decision passed by the President, West Bengal Board of Secondary Education is in violation of the order passed by M.H.S. Ansari, J. and accordingly it is a nullity. It is a settled law that any order if passed on violation of the Court's order is nullity. Reliance may be placed to the judgment passed in Mahindra Nath Halder & Anr. Vs. The State of West Bengal and others, reported in 94 CWN 338, the decision passed in the case of Gour Sankar Pani and others Vs. State of West Bengal and others, reported in AIR 1996 Calcutta 13 and the judgment of the Division Bench of this Court passed in the case Sujit Pal Vs. Prabir Kumar Sun and others , reported in AIR 1986 Calcutta 220.

(2.) In that view of the matter, the impugned order is set aside the quashed.

(3.) However, since under Rule 8 of the Management of Recognised Non- Government Institution (Aided and Un-Aided Rules) 1969 (hereinafter referred to as the 'Management Rules) 1969, the matter is required to be dealt with by the Executive Committee of the Board. The Executive Committee of the West Bengal Board of Secondary Education is accordingly directed to decide the matter of approval of the election of the newly elected Managing Committee whose election was held on 27th April, 1997 and other consequential matter in terms of the judgment passed by M.H.S. Ansari, J. on 13th Jan., 2000. Such decision to be reached by the Executive Committee within three months from this date positively upon hearing all the parties.