MIRA CHATTERJEE Vs. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution. The petitioner is a school teacher. She is a Master of Arts, or the University of Calcutta. She joined the Binapani Girls' High School as an Assistant Teacher on 21-1-1947. She was appointed to that post by the Managing Committee of the School. The School is not a Government school but a government aided school.

(2.) She first served a probationary period of six months and then was confirmed as an Assistant Teacher in that school with effect from 1-10-1947. She then passed the Bachelor of Training Examination in 1955 and took the B. T. degree. When she joined the school, the school was governed by a School Code. Since 1950 the West Bengal Secondary Education Act came into force and the administration, control and supervision of the high schools vested in the Board of Secondary Education of the State.

(3.) By the regulations flamed under the West Bengal Secondary Education Act, 1950 appointment of persons as teachers made by the Managing Committee must have the approval of the Board of Secondary Education, The Board of Secondary Education is therefore the statutory authority to approve appointments of teachers made by the Managing Committee of the School. The Executive Council constituted under the West Bengal Secondary Education Act, 1950 has the power to take such disciplinary action as it thinks fit against high school teachers and students of such schools.