MOHAMMAD JOYNAL ABEDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner, who is the Secretary to the Board of Trustees, Magrahat Muslim Anglo-Oriental Institution and Madrasah, has challenged the Memo dated 27th March, 1984 issued by the Deputy Secretary (General), West Bengal Board of Secondary Education and a Memo dated 16th August, 1985 issued by the Secretary, West Bengal Board of Secondary Education. The fact of the case, in short, is that the Magrahat Muslim Anglo-Oriental Institution and Madrasah was created in 1850 and was fortified with a set of Special Rules and Regulations duly registered under the Societies Registration Act, 1850. The Board of Trustees acquired funds and landed properties around 6 lakhs of rupees and established the school on a plot of land of 45 bighas with more, than one buildings big and small. It was established and developed by the subscriptions of Muslims for promoting secular and religious education of the Muslim community and/or training the character of the students to meet the special education articles of Association and the Deed of Declaration of Trust being T.A. No. 326 of 1969 and T.A. No. 87 of 1969 respectively preferred by defendant No. 1, Bankim Chandra Roy and the defendent 2, the Administrator, Board of Secondary Education, West Bengal and both the appeals on contest were dismissed be the learned Additional District Judge requirements of the Muslims. The School was recognised as a High School by the University of Calcutta with effect from 2nd February, 1914. As started earlier the Special Rules and Regulations were registered with the Articles of Association and the Calcutta University accepted and allowed the Board of Trust to run the Institution as per the Special Rules. The properties, movable and immovable, as well as the management of the Institution were vested in the Board of Trust fortified by a Deed of Declaration of Trust registered on 29th November, 1926. It is stated that the West Bengal Board of Secondary Education also extended recognition to this School upto the year 1953.

(2.) Thereafter difference crept in between the Board of Trust and the Management of the School and somehow the word "Muslim" was dropped from the name of the Institution resulting in the institution of Title Suit No. 515 of 1960. The learned Munsif, Diamond Harbour, by his judgment and decree dated 13th December, 1968 decreed the suit on contest against the defendants including the West, Bengal Board of Secondary Education holding that the properties are -trust properties vested in the Board of Trust and those properties are governed by the Special Rules and Regulations in the Articles of Association and the Deed of Declaration of Trust. Two appeals being T.A. No. 326 of 1969 and T.A. No. 87 of 1969 respectively were preferred by defendant No. 1, Bankim Chandra Roy and the defendant No. 2, the Administrator, Board of Secondary Education, West Bengal, and both the appeals on contest were dismissed by the learned Additional District Judge, 4th Court, Alipore on 20th April, 1973. The second appeal being S. A. No. 1709 of 1973 preferred in the High Court was also dismissed on 6th April, 1979 by M. M. Dutt and R. K. Sharma, JJ, It may be mentioned that S.A. No. 1709 of 1973 was heard along with S.A. No. 953 of 1962 and was disposed of by one judgment as aforesaid.

(3.) Immediately after the aforesaid verdict of the High Court the petitioner applied to the West Bengal Board of Secondary Education and to other authorities including the Education Secretary, Government of West Bengal, for restoration of possession of the School buildings, the Management of the School in its original name under the Board of Trust in accordance with the Rules and Regulations as embodied in the Articles of Association and the Deed of Declaration of Trust as enjoyed by the School since 1914 and also for recognition of the School with retrospective effect. The Assistant Secretary to the Government of West Bengal, Education Department (Secondary Branch) by its Memo dated 19th April, 1982 while for- warding a copy of the Inspection Report on the Magrahat Muslim Anglo-Oriental Institution by the Assistant Inspector of Schools stated that this Institution was recognised by the Calcutta University before the establishment of the West Bengal Board of Secondary Education. The Memo further stated that as the Institution was recognised by the University before the establishment of the Board it should be deemed to have been recognised by the Board and accordingly requested affirmation and three queries were also asked as appeared from Annexure 'G' to the writ application. In response to the aforesaid communication the Secretary of the Board by its Memo dated 24th May, 1982 replied in detail. Thereafter it was admitted that the Board granted recognition to the Institution from 1st January, 1951 but also mentioned that somehow the word "Muslim" was dropped from the name of the Institution under Memo dated 21st February, 1953. It was also mentioned by the Secretary that in the light of the High Court's judgment the Institution, i.e., Magrahat Muslim Anglo-Oriental Institution deserves to be resuscitated with fresh recognition with effect from 1st January, 1982 and in fact by Memo dated 1st October, 1982 addressed to the Magrahat Muslim Anglo-Oriental Institution the Board granted provisional recognition to this Institution as a High School for three years with effect from 1st January, 1982 subject to the fulfilment of the conditions enclosed with the said Memo. The petitioner made a representation dated 11th October, 1982 to the Secretary of the Board to accept the Special Constitution for the Management of the Institution but it was not replied, reminders were also submitted to the Secretary on 31st January, 1983 and 21st February, 1983. On 15th June, 1983 the Board wrote to the Headmaster of the Institution to move the Trustees for executing registered deed with the declaration that so long as the School will exist, the School shall enjoy the right of free use of the entire properties and other concomitant facilities, to which the Secretary replied on 1st August, 1983 drawing the Board's attention to Chapter VII of the Rules and Regulations of the Institution and pointed out that according to the Rules and Regulations and the Deed of Declaration the School shall enjoy the right of free use of the entire property and other concomitant facilities. But the Board again by its Memo dated 7th November, 1983 insisted that its Executive Committee at its 30th meeting held on 12th August, 1983 after considering the representation for a Special Constitution of the Managing Committee of the School decided that the School should be informed to move the Trustees for having a registered declaration as desired and on receipt of such declaration the prayer for Special Constitution will be taken into consideration. The petitioner obtained resolution from the Board of Trustees to the effect that the School would enjoy the right of free use of the entire property and other concomitant facilities and submitted the same to the Board.