SATIPATI NANDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal was against a judgment and order of the learned Single Judge dated 20th of August, 2009 whereby and where under the writ petition of the appellants was dismissed summarily. By the writ petition the appellants questioned a speaking order of the West Bengal Board of Secondary Education (hereinafter referred to as the Board) dated 23rd February, 2001 rejecting the representations and claim of the appellants seeking to be the founder members of the Managing Committee for Jamgram Janardan Institution, Hooghly. The fact of the case leading to filing of the above writ petition as well as the appeal as it has been correctly recorded by the learned trial Judge, is as follows: - The 1st and 3rd appellants are claiming themselves to be the sebait of the estate of Sree Sree Iswar Lakshmi Janardan Thakur, while the second appellant is Receiver appointed by competent Court to manage the properties of the Trust which is a part of the Estate of the said deity. According to the appellants though in terms of two deeds all the properties were dedicated to the aforesaid two deities Sree Sree Iswar Lakshmi Janardan Thakur Estate and Sree Sree Saraswati Thakur Trust Estate, the said family donated to the said School a sum of Rs. 20,000/- from and out of the said Trust fund. As such at least two of the trustees were entitled to be nominated to form Managing Committee by framing Special Constitution. Indeed on recommendation of the then Head Master West Bengal Board of Secondary Education on 23rd July, 1975, then again 5th September, 1979 and 20th April, 1982 allowed the claim and brought two of the nominees of the said Trust Estates as members to constitute special Managing Committee. Thereafter all of a sudden the School concerned subsequently refused to nominate the said trustee as members of the Managing Committee in other words the Special Constitution of the Managing Committee was denied.So representation was made and the same was turned down. In the mean time the appellants filed Civil Suit in the Court of learned Munsef, Hooghly being Title Suit No. 168 of 1986 praying amongst others declaration and injunction. The said suit was decreed ex parte against the defendant, the then Headmaster of the School and other defendants restraining them from holding the meeting on the notice issued excluding the nominee of the said Trust Estates as members thereof. Thereafter on or about 14th June, 1987 a representation was made to the President of the West Bengal Board of Secondary Education informing about passing of decree again and demanding formation of Special Managing Committee with founder members from and amongst trustees. No step was taken pursuant thereto. In or about 1990 a writ petition was filed by the then Headmaster of the said School behind the back of the appellants and even without impleading them as parties asking for certain reliefs as at that point of time the Board appointed adhoc committee for running the affairs of the School in stead of reconstituting of the Managing Committee. The said writ petition filed by the Headmaster was disposed of by an order of Justice K.M. Yusuf (as His Lordship then was) on 31st October, 1990. By the said order His Lordship was pleased to pass an order directing the President of the West Bengal Board of Secondary Education, to deal with and dispose of the case of the petitioner with regard to withdrawing and/or non-granting and further granting Special Constitution in respect of the said School in accordance with law after giving personal hearing to the petitioners and other interested persons and to pass speaking order. Pursuant to the said order the Board heard the matter with notice to the concerned parties including the appellants herein. The Board thereafter rejected the claim of the appellants for granting Special Constitution including the nominee member from and amongst the trustee in the Managing Committee. The aforesaid order of the Board was challenged by the present appellants by filing a Writ Petition being C.O. No. 1705 (W) of 1991. The said writ petition was disposed of on 28th September, 1999 by Hon'ble Justice Sujit Kumar Sinha (as His Lordship then was). By this order Justice Sinha was pleased amongst others to direct the ad hoc committee of the said School to hold the election of the Managing Committee of the concerned School within 31st December, 1999 peremptorily to which the said two nominees of the aforesaid Trust estates shall be entitled to be elected as members. The said judgment and order dated 28th September, 1999 was appealed against by the present respondent Nos. 8 to 15 as they were not made parties. The Appeal Court in M.A.. No. 4175 of 1999 by order dated 4th January, 2000 allowed the said appeal and set aside the aforesaid order of Justice Sinha impleading the present respondent Nos. 8 to 15 as party respondents and remanded the matter for fresh hearing. The said writ petition on remand was re-heard by the Hon'ble Justice Ashim Kumar Banerjee and disposed of by order dated 9th January, 2001. By the said order Justice Banerjee was pleased to set aside the speaking order passed earlier in terms of order of Justice Yusuf dated 24th September, 1991. While quashing the same Justice Banerjee asked President of the Board to re-hear the issue of Special Constitution consisting of nominee Members of the said Trust Estates, in terms of the order of Justice Yusuf. Justice Banerjee in his order directed to dispose of the matter in true spirit and terms of the order of Justice Yusuf. Thereafter, the President of the Board heard the matter afresh serving notice to the respective parties including the present appellants/writ petitioners and disallowed the claim of the appellants for Special Constitution of the Managing Committee with the nominee members from the said trust estates. In the said fresh order of the President it has been found and recorded that the appellants could not prove the payment of donation as claimed and it was found that Constitution of Special Committee with the nominee members in the category of founder member by the school on earlier occasion is wholly erroneous in law and for this reason Constitution of Special Committee had no foundation in the context of factual aspect. It was further found that it was a sheer mistake on the part of the then Headmaster in recommending for grant of Special Constitution of the Managing Committee.

(2.) Challenging the aforesaid fresh order above writ petition being No. 5998(W) of 2001 was filed on which the learned trial Judge dismissed the same after hearing the parties at the time of admission. The learned trial Judge while examining the question of maintainability found that the writ petition was incompetent as the said petitioners (appellants herein) have no locus to file the same. However, on the ground of maintainability the said writ petition was not dismissed rather it was heard on merit and learned trial Judge did not interfere with the speaking order of the President. The learned trial Judge found while accepting the speaking order that the Institution was recognized in 1947 and till 1975 no Special Constitution was in existence. The Management Rules came into being in 1969. For unknown reason in 1975 and 1979 and 1982 the Board issued order permitting Special Constitution of the Managing Committee with the names of the two trustees. From 1982-1990 the Managing Committee was again constituted according to the provision of Management Rules without any claim of Special Constitution with two nominee members from Trust Estate. The learned trial Judge further found that only in 1990 they moved this Court and the Board was asked to consider the request of the Special Constitution. The learned trial Judge did not interfere with the fact finding of the President that there was no evidence to support the claim of donation entitling the nominees of the Trust to be treated as founder members of Managing Committee of the Institute.

(3.) On the factual background as aforesaid the present appeal has been preferred.