AI Structured Summary
Not yet generated for this judgment
Judgment
Basudeva Panigrahi, J.—Heard the learned Advocate for the Petitioner and the learned Advocate appearing for the Board of Secondary Education, West Bengal.
In this writ petition the Managing Committee of Sarta Taraknath institution has challenged the order purported to have been passed by the President, Board of Secondary Education by not extending the terms of management being Annexure ''Q'' to the writ petition.
The Managing Committee was an elected body whose ?lection was held on October 20, 1993. On and from that date it functioned as usual which is apparent from the order passed by the President, West Bengal Board of Secondary Education, in the meanwhile the District Inspector of Schools (S.E.), Midnapore, did not allow the Management to conduct the election. Therefore, the Managing Committee wrote to the President of the Secondary Board for extending the terms of the Managing Committee so that it could comply with the electoral process within the extended limit. But, when the Board of Secondary Education did not pass any specific order regarding the represantation which is said to have been submitted by the writ Petitioner. Secondly, the Managing Committee has earlier filed a writ petition in this Court which eventually appeared before Mr. G.R. Bhattacharjee J. (W.P. No. 1453 of 1997) who directed the President, Board of Secondary Education, West Bengal to take a decision regarding the extension of the life of the Managing Committee beyond July 31, 1997 and communicate the same to the school authorities within shortest possible time.
It has, inter alia, been held ''pending the final decision in the matter, the President, Board of Secondary Education, West Bengal, will be at liberty to pass any interim order as he may consider necessary.'' 5. After this order being passed, the President, West Bengal Board of Secondary Education has passed an order whereby he appointed an Administrator in Sarta Taraknath Institutuion. Therefore, the institution being aggrieved by such order has presented this writ petition.
Mr. Sanyal, appearing for the writ Petitioner, has submitted that the President, Board of Secondary Education, West Bengal, has passed an arbitrary, whimsical and fanciful order whereby he has appointed an Administrator by replacing the elected body of the Management. It has been further argued that while passing an order no chance of hearing was given to the Petitioner. Therefore, the order passed by the President, Board of Secondary Education, West Bengal, need be quashed by invoking Article 226 of the Constitution of India.
The learned Advocate, appearing for the Board of Secondary. Education, West Bengal, has submitted that the order has been passed by the President, Board of Secondary Education, West Bengal, by stating that since the tenure of the present Management has already been over, therefore, it does not have any legal right to continue in the Management and hence the President has rightly passed an order superseding the management and also by appointment an Administrator to take charge of the Institution. It has further been held that since the Administrator has already been appointed who is presently in charge of the Management, the present writ petition is not maintainable in the absence of the Administrator.
It has, further, been contended by Mr. Sanyal that since the District Inspector of Schools (S.E.) Midnapore, who is a statutory body has been included in this case, it has to be presumed that the notice has been issued to the Administrator. Be that as it may, from a mere look to the records it is found that the Administrator has not been impleaded as a party in the cause title.
It has to be considered in this case is whether the order passed by the President, Board of Secondary Education, West Bengal could be called in question in this writ, petition.
Mr. Sanyal has submitted that the Management has filed an earlier representation and since that representation was not considered by the President, Board of Secondary Education, West Bengal, the Management came to this Court and accordingly, a direction was issued to the President to consider the said representation after hearing the parties. I carefully went through the order passed by the President. In the impugned order it has been indicated that the representation was considered in terms of the direction issued by this Court but, however, it was not passed in favour of the Petitioners.
Mr. Sanyal has submitted that on a mere look to the order it appears that the authorities could not find out any legal/factual ground to supercede the management. But the question which is called for a decision in this case, is whether the Administrative Authority is required to record reasons as elaborately as an order passed by a Court.
In the Supreme Court judgment State of Uttar Pradesh v. Committee of Management of S.K.M. Intercollege AIR 1995 S.C. 3030 it is stated that the Administrative Authorities are not required to record reasons as elaborately as an order by a Court. What it required is application of mind to the relevant facts placed before the Administrative Authority, short reasons that weighed with them to take action need to be recorded. It is seen that order at hand is an elaborate one from record as it is, seen that the Board has culled out material facts that emerged from records.
In this case, the President, Board of Secondary Education, West Bengal, u/s 28(2) of the West Bengal Board of Secondary Education Act, 1963 has observed that since the terms of the Managing Committee has already expired as it is being recorded, therefore, it is necessary to appoint an Administrator. Therefore, I did not notice that there is any parse illegality in the said order so that it could be interfered with. It may be understood here that the terms of The Managing Committee has already expired, therefore, I direct to the Administrator to take effective steps to complete the electoral process within three months from the date of communication of the order and hand over the charge to the newly elected body. With those observations this writ petition is disposed of.
It has been submitted that the election of the teachers representative has not been over. It is not certain whether it has been complete or to be completed. But the election to office bearer election should be completed within three months,
Since the Administrator has been appointed till the completion of the electoral process, I hope that the Administrator shall not take any policy decision except running day to day management of the Institution.
All parties are to act on a signed xerox copy of this Dictated Order on the usual undertakings.