BOYERZUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present petitioner was the Secretary of the previous Managing Committee of Okrabari Alabaksh Uccha Vidyalaya. On August 20, 1980 gave a donation of Rs.500/- to the school and claimed to be a donor within the meaning of sub-rule (3) of Rule 5 of the Management of Recognized Non-Government Institutions (Aided and Unaided) Rules 1969, as amended by notification of the petitioner that as donor his name ought to be figuring in the list of voters for the purpose of election for the re-constitution of the Managing Committee of the school. It is the stipulation in the rule that once a person becomes a donor, he continues as such for 2 consecutive terms of 3 years each and his name is borne out in the register of voters for the constitution of the Managing Committee of a secondary school. His name was duly enlisted in the voters list for 1980 and he was in the Managing Committee as Member from the donor category.

(2.) By circular No.S/MC-386/81 dated 7.7.81 the State Government by a notification of the Education Department changed the Rule for Management of Recognized Non-Government Institutions (Aided and Unaided) so as to abolish altogether the donor category of members. In compliance with the said circular the respondent Managing Committee did not record the name of the petitioner as a donor in the voters list dated 12.12.83. The petitioner claims to have lost his substantive right to contest the election for reconstitution of the managing committee as a member from the donor category.

(3.) It is the further contention of the petitioner that though the election for reconstitution of the managing committee of the school was held, the office bearers of the managing committee were not elected. He submitted that 21st January 1984 is the date fixed for holding a meeting for the said purpose.