ENA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE facts in this case are shortly as follows: this application is in respect of the termination of the services of the petitioner as the Vice-Principal of Sarojini naidu College for Women, Dum Dum, which is a Government-sponsored College. In order to appreciate the facts of this case, it would be necessary to go a little further back than her appointment as the Vice-Principal of the said college. Sometime prior to the 6th May, 1959 the petitioner applied for the post of a Principal of a Government-sponsored college. On that date a letter was issued by the Director of Public Instruction, West Bengal, asking her to appear before the Central Selection Committee, appointed for the purpose of selecting candidates for such posts. She was selected by the said committee for appointment as a Principal in a sponsored women's college and on the 9th July, 1959 the Director of Public Instruction, West Bengal, wrote to the President of the Governing Body, Vivekananda College, Barisha that she may be appointed as a principal of that college. On the 14th July, 1959 a letter of appointment was issued to her by the Secretary of the said college. She was to remain on probation for one year from the date of joining. She joined the post on the 1st September, 1959. On the 25th July, 1960 she tendered her resignation. On the 26th July, 1960 she was informed that her appointment as Principal was not going to be confirmed and she was given one month's notice. Perhaps these two letters crossed each other and on the 28th July, 1960 her Letter of resignation was accepted. On the 17th September, 1960 the Director of Public Instruction, West Bengal, wrote to the Principal of Sarojini Naidu College for Women, Dum Dum, inter alia, as follows:-

(2.) ON the 23rd September, 1960 the Governing Body of Sarojini Naidu College for Women, Dum Dum, instructed the Principal of the said college to allow the petitioner to join the said college as Vice-Principal, on a temporary basis for six months, on such terms and conditions as will be fixed by Government as soon as the Vice-Principal's post was vacated. On the 24th September, 1960 the petitioner wrote the following letter to the Principal of the said College:-

(3.) ON the 24th September, 1960 she joined the said post. On the 28th February, 1961 the Deputy Secretary to the Government of West Bengal in its Education Department wrote to the Director of Public Instruction, West Bengal, that the Governor had been pleased to approve of the appointment of the petitioner as Vice-Principal of Sarojini Naidu College for Women (sponsored) on the higher initial pay of Rs. 600/-P. M. in the scale of Rs. 500-25-750/-plus usual dearness allowance, with effect from the date of joining the college. Before the term of service of the petitioner had expired on the 23rd March, 1961 the Governing Body at its meeting held on the 9th March, 1961 constituted a committee to report about the desirability or otherwise of the continuance of the services of the petitioner as the Vice-Principal. Pending the consideration by the Committee, the petitioner's services were extended up to 31st May, 1961. On or about the 29th May, 1961 the petitioner was informed that the Governing Body had again extended the period up to 30th June, 1961. On the 5th June, 1961 the Governing Body resolved that the services of the petitioner would be terminated from the 31st July, 1961. The relevant resolutions are set out in a letter dated the 16th June, 1961 written by the Secretary of the Governing Body to the petitioner, a copy whereof is annexure "l" to the petition. The relevant resolutions are as follows:-