JUMMAN ALI BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the writ petition, the petitioner has prayed for several reliefs. The relevant prayer is as under:

(2.) The petitioner Nos. 1,2,3 and 4 are the President, Vice President, Secretary and member respectively of the Managing Committee (for short 'the Committee') of the Anuadaha Chatkaberia High Madrasah. The facts relevant are that the said Committee was constituted in year 2005. The life of the said Committee is till 2008. It is alleged during the term of the Committee the Secretary of the West Bengal Board of Madrasah Education, the respondent No.4, by issuing the memorandum impugned, had appointed N.K Mondal, the Drawing and Disbursing Officer of the said institution, as Administrator for a period of one year. Rule 8(l)(iii) of the, Rules for Management of Recognized 'Non-Government Madrasahs (aided and unaided). 2002 (for short 'the Rules') stipulates that before superseding, the Board should give a reasonable opportunity of hearing to the Committee to present its case. In the instant case, since no opportunity was given, the impugned memorandum dated 16th February, 2006 appointing Administrator should be quashed.

(3.) Learned advocate appearing on behalf of the respondent No. 4, submitted that pursuant to the recommendation made by the District Inspector of Schools(SE), 24-Parganas (North), subsequently endorsed by the Director of School Education, the said respondent, following the Rules, had issued the memorandum.