UMA RANI GHORAI Vs. STATE

JUDGEMENT

(1.) This writ application is filed by the petitioner assailing an order passed by the respondent No. 4 under his memo No. 519/GS dated October 12, 2012. By virtue of the impugned order, the respondent No. 4 directed the Goura Sonamui Kunjabehari Adarsha Sikshayatan, District Paschim Medinipur to include the name of Dr. Rupam Dinda in the managing committee of the above school under "Life Member's Category". According to the petitioner, he is one of the donor and eligible for inclusion in the managing committee of the above school under "Life Member's category". But the name of the aforesaid Dr. Rupam Dinda was recommended by the respondent No. 4 without adhering to the provisions of law. It is submitted by Mr. Himadri Barua, learned Advocate appearing on behalf of the petitioner that the Director of School Education, (now the Commissioner of Education, West Bengal) was the authority to nominate the name of "Life Member*. According to him, the school under reference submitted a representation before the West Bengal Board of Secondary Education for clarification in this regard. According to Mr. Barua, it was a dispute raised before the Court and the name of the "Life Member" should not have been recommended before resolving the above disputes. It is also the case of the petitioner that the name of the "Life Member" was recommended by virtue of the impugned order without giving any opportunity of hearing to the petitioner and vitiating the rules of principles of natural justice.

(2.) On the other hand, it is submitted by Mr. Asok De, learned Senior Advocate appearing on behalf of the respondent Nos. 6 & 7 that in accordance with the proviso to Clause (1) of sub-rule (1) of Rule 6A of the Management of Recognized Non-Government Educational Institutions (Aided and Unaided) Rules, 1969 (hereinafter referred to as the Management Rules, 1969), the Director of School Education now re-designated as Commissioner of Education, West Bengal) was the competent authority to recommend the name of the member of the managing committee under "Life Member's Category" relying upon the Departmental Circular No. 655-SE (Law) SL 55-1047/071 dated May 20, 2011 that the above power of the Director of School Education was delegated to the respondent No. 4.

(3.) The above submissions made on behalf of the respondent Nos. 6 & 7 are supported by the learned Advocate appearing on behalf of the State respondents.