Headmistress, Sarada Vidyapith (H.S.) And Others vs Amit Patra & Ors

By consent of parties both the appeal and the application along with W.P. 19754(W) of 2018 are taken up together and disposed of by this common

order.

This appeal has arisen out of the order dated February 6, 2020 passed by the learned Single Judge whereby direction has been given to make payment

of monthly salary to the writ petitioners in continuation of the earlier orders dated April 2, 2019 and April 5, 2019.

The school namely Sarada Vidyapith (HS), Sri Ramkrishna Pally, Sonarpur (hereinafter referred to as ‘the said school’) is unaided school but

recognized by the West Bengal Board of Secondary Education. The school is even not in receipt of D.A. component from the State exchequer. The

dispute arose with regard to the reconstitution of the managing committee of the said school, which is enjoying special constitution due to the presence

of a trust body. Admittedly, the life of the managing committee was valid up to February 20, 2019. Question arose whether the writ petitioners had the

voting right being the teaching and non-teaching staff of the school as a result whereof the process of election for reconstitution of the managing

committee could not be made complete. The issue went before the concerned District Inspector of Schools (SE), South 24 Parganas and the

concerned District Inspector vide Memo dated September 26, 2018 directed the Headmistress of the school to refrain from conducting election under

T.R (teaching representative) and N.T.R (Non Teaching representative) categories on the basis of irregular voters’ list and further advised to

conduct the elections excluding the above mentioned illegal voters under serial nos. 31 to 39 and 45.

Challenging the said memo of the concerned District Inspector of Schools dated 26th September, 2018 in relation to holding election for reconstitution

of the managing committee of the said school, some of the teaching and non-teaching staff of the school moved the connected writ petition whereupon

several orders were passed by the learned Single Judge directing the Headmistress of the school as well as the school management to make payment

of salary to those teaching and non-teaching staff.

Meanwhile, on a batch of writ petitions an order was passed by the learned Single Judge on March 19, 2019 whereby direction was given upon the

West Bengal Board of Secondary Education to appoint administrator over and in respect of the said school. Pursuant to the said direction dated March

19, 2019, the President of the West Bengal Board of Secondary Education vide memo dated May 2, 2019 appointed administrator, who has already

taken over charge as submitted by the learned Advocate representing the Headmistress of the school who is the election officer in terms of the

relevant provisions for the procedure for holding election for reconstitution of the managing committee of a recognized school.

Having seen the impugned order dated September 26, 2018 passed by the District Inspector of Schools (SE), South 24 Parganas, we find that this

order is without jurisdiction since any dispute relating to the election for reconstitution of the managing committee is required to be decided by the

competent authority of the West Bengal Board of Secondary Education in terms of Clause 34 of the procedure for holding election. Therefore, the

memo dated September 26, 2018 issued by the District Inspector of Schools (SE), South 24 Parganas is set aside since the same was issued in

contravention of the relevant provisions of the procedure for holding election and, accordingly, we refer the matter to the competent authority of West

Bengal Board of Secondary Education in terms of Clause 34 of the said procedure for holding election to take decision whether the teaching and non-

teaching staff named in the memo dated September 26, 2018 issued by the District Inspector of Schools (SE), South 24 Parganas can have the right to

cast their vote under their respective categories.

Such decision is to be taken by the competent authority of the West Bengal Board of Secondary Education within a period of eight weeks from the

date of communication of this order by either of the parties after given an opportunity of hearing to the Headmistress, representative of the trust body

and the writ petitioners.

After the decision is taken by the Board in terms of our direction given above, the administrator of the school appointed by the Board shall take

expeditious steps for reconstitution of the managing committee of the said school in terms of the procedure for holding election within a period of six

months from the date of taking decision by the competent authority of the Board.

It is made clear that till the reconstitution of the managing committee the administrator appointed by the Board shall not take any policy decision

regarding the administration of the school and the administrator shall run the administration upon incurring day to day expenditure if required. The

administrator shall, however, ensure that the welfare of the students are not affected and / or compromised in any manner whatsoever and in that

respect the administrator would be free to take decision.

W.P. 19754(W) of 2018 is thus allowed to the aforesaid extent.

Both the appeal and the application are disposed of. However, we have not gone into the issue as to the entitlement of the salary to the writ

petitioners, which they claim to have been enjoying prior to the impugned memo passed by the District Inspector of Schools dated September 26, 2018.

Urgent certified photocopy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.