LAWS(CAL)-1997-5-5

MONARANJAN DAS Vs. STATE OF WEST BENGAL

Decided On May 20, 1997
MONARANJAN DAS Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) In the instant case, the writ petitioners have challenged the validity of the decision passed by the Executive Committee of the West Bengal Board of Secondary Education on 21st April, 1986 for changing the name of the educational institution basing on the notification of the West Bengal Board of Secondary Education as per Annexure 'A' to the writ petition.

(2.) The petitioners themselves who claim to have vital interest in the institution, namely Kadambari Union High School, stated, inter alia, that the Kadambari Union High School (hereinafter referred to as School) was initially established as a middle English School about a century ago. In course of time, the said School was upgraded into a High School which had been recognised by the West Bengal Board of Secondary Education. Some of the petitioners have claimed themselves as guardians, few others as donors and founders.

(3.) It has been further stated that one Dr. Sachindra Nath Pradhan who was formerly a resident of Kadambari, P.S. Nandigram, District Midnapore hatched a plan in collusion with the other opposite parties for changing the name of the School by offering a donation of one lakh rupees to the West Bengal Board of Secondary Education. He had further offered one lakh to the Managing Committee as donation for renaming the School in the name of his father. The Headmaster and also the Secretary of the School, pursuant to such offer made by Dr. Pradhan issued a notice for convening a meeting on March 2nd, 1989 in the School premises as per Annexure 'B'. The petitioners and many others who have, inter alia, stated that it is subtle device of Dr. Pradhan and the other members of the Managing Committee to change the name of the School. They issued Advocate's notice to the respondents and also to other authority. The petitioners had highlighted that since Dr. Pradhan is not a resident of the locality who is a citizen of America, not entitled to offer any donation to the School to commemorate the name of his father. But, it seems that the West Bengal Board of Secondary Education issued a notification on June 16, 1988 for changing the name of the School as per the decision of the Executive Committee held on 21st April, 1988.