SWAPAN KUMAR NANDA Vs. DILIP KUMAR SIKDAR

JUDGEMENT

(1.) This appeal is directed against an order dated 14. 10.93 passed by this Court in C.O.No. 12562 (W) of 1993 in terms whereof another writ application being C.O. No. 12563 (W) of 1993 was also directed to be governed.

(2.) The fact of the matter is complicated but we do not intend to deal with the factual matrix of the case in the details. In view of the order proposed to be passed by us suffice it to say that one Dr. Dulal Bag was appointed as Administrator of Balurghat High school on or about 19. 1. 89. Some of the guardians who became the members of the Managing Committee of the school questioned the order dated 12. 12. 88 as well as the order extending the terms of the said Administrator and by an order dated 19.1. 89 an interim order was granted in terms of prayer (d) and (e) for a limited period which was extended by an order dated 14. 2. 89. An interview was purported to have been held by the said Administrator for the appointment of the Headmaster and a panel was prepared consisting the names of (1) Dilip Kumar Sikdar, (2) Nalinaksha Basak and (3) Soumendra Nath Modal. An application for contempt was filed wherein allegedly an unqualified apology was made on behalf of the Administrator for not giving proper attention to the order passed by this Court. It is alleged that the Managing Committee of the School has been reconstituted on or about 25.11.90. It is appears that despite the same the aforementioned Dilip Kumar Sikdar whose name appeared at serial No. 1 in the panel was not allowed to function and he filed a writ petition. In the said writ application an interim order was passed directing the Director of School Education to consider the matter. By order dated 29. 11. 90 the Director of School rejected the panel prepared by the Administrator Dr. Dulal Bag. A writ application was moved by the aforementioned Dilip Kumar Sikdar which is still pending. It is stated at the Bar that an interim order had been passed in the said writ application staying further implementation of the said order. In the writ application being C.O. No. 13913(W) of 1990 an application has been filed for vacating the said interim order by the members of the Managing Committee of the School. It appears that another writ application has been filed by one Nalinaksha Basak and Soumendra Nath Mondal for grant of approval of the panel prepared by the Administrator of the School for appointment of Headmaster. The aforementioned writ application is also still pending. An interim order was passed by a learned Single Judge of this Court on or about 16th September, 1992 directing the District Inspector of Schools (S.E.) to grant approval of the panel and the Managing Committee was directed to issue appointment letter according to the panel to be approved by the D.I. of Schools (S.E.). An appeal was preferred as against the said order which was registered as F.M.A.T. No. 3229 of 1992. However it appears that in the meanwhile by a judgment and order dated 24.6.93 passed in F.M.A.T. No. 3329 of 1992 with F.M.A.T. No. 3229 of 1992 (Swapan Kumar Nanda v. State of West Bengal & Ors.) which arose out of an interim order dated 16th September, 1992. A Division Bench of this Court comprising of Prabir Kumar Majumder and Samaresh Banerjea, JJ while allowing the appeal directed the Trial Court to dispose of the matter in accordance with law and further granted liberty to the parties to apply for further direction before the Trial Court. No application for further direction was filed but a seperate writ application was filed. Allegedly the aforementioned Dilip Kumar Sikdar was appointed as Headmaster by one Shekhar Dasgupta who claimed himself to be the sole authority of the Managing Committee purported to be on the basis of the order dated 16th September, 1992 which was set aside by the Division Bench of this Court. According to the appellant, having failed to obtain appointment as Headmaster Sri D.K. Sikdar set up the petitioner to file the present writ application which was registered as C.O. No. 12562(W) of 1993. Another writ application being C.O. No. 12563(W) of 1993 was filed by the present appellant against the order of appointment of Drawing and Disbursing Officer.

(3.) Both the aforementioned writ applications as noticed hereinbefore were disposed of by the learned Trial Judge in the manner as stated in the order.