WAHIDUZZAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let the affidavit of service be kept on record. This writ application is filed by the petitioners assailing an order passed by the West Bengal Board of Secondary Education in compliance of a final order dated March 13, 2013 passed in the matter of Managing Committee, M.L. Jubilee Institution v. State of West Bengal & Ors. (In Re: W.P. No. 2196(W) of 2013). By virtue of the impugned order the respondent board appointed Professor (Dr.) S. Manal Shah Alquadri, Vice Chairman, West Bengal Urdu Academy, Minority Affairs and Madrasah Education Department, Government of West Bengal to act as an Administrator in M.L. Jubilee Institution. District-Kolkata.

(2.) According to the petitioners, the impugned order was passed without adhering to the provisions of proviso to sub rule (1) of Rule 8 of Rules for Management of Recognised Non Government Institution (Aided and Unaided), 1969 (hereinafter referred to as "the Said Rule"). According to the petitioner, the above provision prescribes for appointment of an administrator In respect of a non government aided education institution after giving due regard to the report of the Director of School Education, West Bengal (now designated as Commissioner, School Education, West Bengal). According to the petitioner, the respondent board took into consideration the reports of the Commissioner of Police, Kolkata and that of District Inspector of Schools (SE), Kolkata apart from the reports submitted by the Commissioner, School Education, Government of West Bengal. Drawing the attention of this Court towards the report submitted by the Commissioner, School Education Department, West Bengal submitted under Memo No. 1160SC/G dated October 19, 2012 it is further submitted on behalf of the petitioners that the report was prepared relying simply upon the report of the Commissioner of Police, Kolkata without independent application of mind after conducting an enquiry.

(3.) It is submitted by Mr. Amit Prakash Lahiri, learned Advocate appearing for the respondent Nos. 3 and 4 that the proviso to sub rule (1) of Rule 8 of the said Rule purports that due regard should be given to the report of the Commissioner. School Education, West Bengal. It does not mean or purport that other reports or situations or complaints should not be taken into consideration by the Board while exercising the power under the above provisions. It is also submitted by Mr. Lahiri that the Commissioner, School Education, West Bengal Board prepared his report after due consideration of the reports submitted by the Commissioner of Police, Kolkata.