MAKHAN LAL CHAKRABORTY Vs. S K CHATTERJEE

JUDGEMENT

(1.) This is an application which arises out of Civil Revision Case No. 1888 of 1953. That rule was taken out by the petitioner against the Secretary Board of Secondary Education West Bengal & four members of an 'ad-hoc Committee' appointed by the Board of Secondary Education, West Bengal, to administer the affairs of the Kanchrapara Boys' High School. The short facts are as follows. There is a School at Kanchrapara, called the Kanchrapara Boys' High School. It came into existence in 1949, and provides a High School education for nearly seven hundred refugee boys. The school was given provisional recognition by the University of Calcutta and the recognition was extended from time to time. The school was being run by a Managing Committee and the petitioner was the elected secretary thereof.

(2.) On or about the 2nd June 1953, the first respondent, as the secretary of the Board of Secondary Education (hereinafter referred to as the 'Board') wrote to the petitioner, that the president of the Board had been pleased to direct that certain steps should be taken to right the affairs of the school, one of which was the appointment of an ad hoc committee to take over charge of the administration of the School.

(3.) The petitioner contends that the appointment of the "ad hoc Committee" is illegal and ultra vires. A rule was issued on the 29th June 1953, upon the opposite parties abovenamed, to show cause why a Writ in the nature of mandamus should not be issued directing them to forbear from giving effect to the order No. 10984/0 dated the 2nd June 1952 or why a Writ in the nature of prohibition should not issue, prohibiting them from proceeding with the said order.