RANABIR DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) On 23.6.2002, the Managing Committee of Eraligool Public High School which is a non provincialized school was reconstituted for 3 years by the Inspector of Schools, KDC, Karimganj by nominating one Abdul Satter as the President and one Ramendu Chakravarty as the Secretary of the said committee. This was done as per the provision set forth in the Assam Aided H.S./High and Middle Schools Management Rules, 1976 (hereinafter referred to as the 1976 Rules). Later on, Sri Ramendu Chakravarty who was nominated as the Secretary of the committee had pressed his unwillingness to continue as the Secretary of the managing committee and as a result thereof, the appellant/writ petitioner who was the Principal of another school namely, Thakuagram Higher Secondary school, Karimganj was nominated as the Secretary in place of Ramendu Chakravarty by the Inspector of Schools, KDC, Karimganj. The appellant writ petitioner took the charge of the Secretary and had continued in the said post for some time. But, it has so happened on 16.10.2003 that the Joint Secretary to the Govt. of Assam, Education Department has sent a letter to the Inspector of Schools, KDC, Karimganj to show cause as to why the appellant-writ petitioner has been nominated as the Ex-offio Secretary of the Managing committee of Eraligool Public High School and directed that the Headmaster of the school i.e. Respondent No. 5 being the Headmaster should be nominated as the Secretary of the Managing committee. The Inspector of Schools, KDC, Karimganj submitted his reply before the Secretary to the Govt. of Assam, Education Department stating in paragraph 4 of the said reply that in the event of resignation tendered by Sri Ramendu Chakravarty, Secretary of the Managing Committee of the school, it was required to nominate another Secretary and at that time a group of staff of the school accompanied by some local guardians approached him with the request not to nominate Sri A Karim, Headmaster, Respondent No. 5 as the Secretary on the plea that the nomination of Sri A. Karim as Secretary may give rise to various problem in the school affairs and under the provision of Rule 25 of the Rules of 1976 and considering the aspect that Sri Ranabir Dutta, the present appellant who was the Principal of nearby school and whose name was also recommended for Secretary of Eraligool Public School by local MLA, Patherkandi and the President of Karimganj Zilla Parishad. Sri Dutta was nominated as the Secretary of the school with a further view that the school administration will run smoothly and properly.

(2.) From this reply, it is apparent to us that the appellant was nominated as the Secretary because, certain members of the public have made complaint against the Headmaster of the school and that, there was recommendations of the local MLA as well as by the President of Karimganj Zilla Parishad to nominate the appellant as the Secretary.

(3.) On consideration of the reply submitted by the Inspector of schools, KDC, Karimganj, the Joint Secretary to the Govt. of Assam, Education Department by order dated 19.11.2003 directed the Inspector of Schools to rectify his action immediately and to inform the Govt. In pursuance of the order issued by the Joint Secretary to the Govt. of Assam, Education Department, an order was passed by the Inspector of Schools, KDC, Karimganj on 8.12.2003 nominating the Respondent No. 5 as the Secretary and removing the appellant from the post of Ex-officio Secretary of the Managing Committee of the school.