AMIT DAS Vs. CHINSURAH BALIKA SIKSHA MANDIR

JUDGEMENT

(1.) Both the writ applications are taken up for judgment.

(2.) In both the two writ applications the petitioners are the guardian members and they have locus standi to say about the reconstitution of the Managing Committee of the school. The election for reconstitution of the Managing Committee of the school as held on 18.1.2004 and 16.11.2003 is the subject-matter of the challenge in these writ applications on the ground that the Managing Committee, who completed the election process has no jurisdiction to complete such, forthe sole reason that the life of such Managing Committee expired on 8.7.2003, but on the strength of the general order issued by the West Bengal Board of Secondary Education extending life of Managing Committee, the Committee exercised purportly their power to function and accordingly completed the election process. Hence, the moot question for adjudication of the writ application is as to whether the West Bengal Board of Secondary Education can pass a general order extending the life of the Managing Committee which has already completed its three years tenure in terms of the Rule of Management of Recognised Non-Government Institution (Aided and Unaided) Rules, 1969. For effective adjudication of this case the power and jurisdiction of the Board constituted under the West Bengal Board of Secondary Education Act, the power of the Executive Committee of the said Board and the power to extend the life of the Managing Committee all are required to considered.

(3.) Section 4 of the said Act has defined the composition of the Board consisting of members as mentioned thereto. Section 4 reads thus :- "4 Composition of the Board.-The Board shall consist of the following members:- 1. the President; 2. the president of the West Bengal Council of Higher Secondary Education, ex-officio; 3. the Director of School Education, Government of West Bengal, ex-officio;