(1.) The petitioner No.1 is a society registered under the Societies Registration Act, 1860 and is engaged in establishment management and running of schools and educational institutions in the city of Kolkata. The object being welfare and charity. The petitioner No.1 established a school under the name and style of Shri Digambar Jain Vidyalaya (hereinafter referred to as the said school). The petitioner Nos.2 and 3 are the Honorary Secretaries of the said school. The petitioners claim that the said school was a private unaided minority institution, run for the betterment of the Jain community and thus entitled to rights enshrined under Article 30 of the Constitution of India. According to the petitioners the society was separate in its identity from the said school. The said school was autonomous in its management and finances and did not get any financial support from the society. Some of the approved teachers of the said school were getting dearness allowance (in short DA) from the State of West Bengal. The said school however retained its identity as a private unaided DA getting minority institution.
(2.) The petitioners in this writ petition, have, challenged the memorandum dated May 29, 2002 bearing No.641-SE (Law)/5S-577/2001 issued by the special Secretary to the Government of West Bengal, School Education Department, (hereinafter referred to as the said memorandum). The petitioners have prayed for a declaration that the said memorandum was contrary to law, without jurisdiction and ultra vires the Constitution of India and ought to be quashed and set aside.
(3.) By the said memorandum the Government of West Bengal School Education Department, Law Branch informed the authorities of all DA getting schools recognized by the West Bengal Board of Secondary Education, which received DA for the approved teaching and non-teaching staff, from the Government of West Bengal would have to pay salary in their appropriate scale of pay from their own resources at par with the salary prescribed by the State Government for teaching and non-teaching employees of Government aided schools with immediate effect. The said memorandum is set out below:-