Sisir Kumar Mukherjee vs State and Others

Debasish Kar Gupta, J.—Let the affidavit of service be kept on record. This writ application is taken up out of turn with the consent of the parties.

A notice dated April 10, 2013 issued by the respondent No. 8 Is under challenge in this writ application. By virtue of the notice impugned, the respondent No. 8 declared the date of constituting the Academic Council of Chinsura Deshbandhu Memorial High School (H.S.). District Hooghly. The impugned notice contains the names of voters.

According to the petitioner he is a non-teaching staff (Group-D) of the above school and he is also a member of the Staff Council of the school under reference. He is not a member of the managing committee of the above school. According to him, he has a right to cast his vote for the purpose of constituting the Academic Council of the above school. He submitted a representation dated April 12, 2013 to the respondent No. 8 for inclusion of his name in the voters'' list prepared by the impugned notice. According to the impugned notice, the election for the Academic Council of the above school is scheduled to be held on tomorrow, i.e. April 24, 2013.

Having heard the learned Counsel appearing for the respective parties as also after considering the fact and circumstances of this case, I find that only a point of law is required to be decided in this writ application and the same is interpretation of Rule 30 of the Management of Recognized Non Government Institution (Aided and Unaided) Rules, 1969 (hereinafter referred to as the said rules) for the purpose of preparing the list of voters'' for casting the vote in the matter of constituting the Academic Council of an Aided Non Government Educational Institution. For the purpose of adjudicating the issue involved in this matter, the provisions of Rule 30 of the said rule is quoted below:

Academic Council--(1) The Committee of each Institution shall constitute an Academic Council composed or the Head of the institution, the Assistant Headmaster or Assistant Headmistress, If there be any, as the case may be, and not more than 3 members elected from amongst the members of the teaching staff Including the Librarian and the Assistant Librarian where there is one, working against sanctioned posts or sanctioned additional posts for not less than two years.

The head of the Institution and the Assistant Headmaster or the Assistant Headmistress, as the case may be, shall be the President and Secretary of the Council respectively.

Where there is no Assistant Headmaster or Assistant Headmistress, one from amongst the elected members shall be elected Secretary of the Academic Council. In case of any casual vacancy, it shall be filed by election at a meeting convened for the purpose. The Head of the institution shall preside over the meeting.

In case of an Institution with Higher Secondary Classes, (Class XI and XII) recognized by the West Bengal Council of Higher Secondary Education, the total number of members of the Academic Council Including the President and the Secretary shall, in no case, exceeds 5.

(2) The Head of the institution shall convene a meeting within one month from the first meeting of the newly constituted or reconstituted managing committee and the teacher-members including librarian, Assistant Librarian, if any, of the Academic Council shall be elected in that meeting. Where there is an Ad hoc committee or an Administrator, the Academic Council shall be constituted as per provisions of this rule as and when directed by the Executive Committee and shall continue to function for the period determined by the Executive Committee from time to time. The Head of the Institution shall convene the meeting of the Academic Council once In every month In an academic year.

(3) The Council may, In such meeting, discussed all or any of the matters connected with the following:

(a) Admission

(b) Promotion & Selection of books

(d) Time table of school hours

(e) Measures relating to the Improvement of teaching activities.

(f) Measures relating to the Improvement of co-curricular activities.

(g) Review of teaching-learning Issues and academic performance of each class.

(4) The head of the institution shall, ordinarily, be guided by the advice of the Council In the matters specified above, but the head of the institution may for reasons to be recorded in writing over rule the advice of the council, In which case any members of the council who may be In disagreement with the decision taken by the head of the Institution may refer the matter to the committee whose decision thereon shall be final.

(5) Selection of books shall be made In consultation with the subject teachers of the Institution; provided that, In selecting books, schools shall exercise the greatest care and a book, once prescribed, shall be allowed to continue at least for three years unless there are compelling, reasons for a change.

(6) The minutes of such meeting shall be carefully documented and retained by the head of the institution.

(7) Inspector of Schools, while visiting the school, shall inspect the minutes of the meeting, and If he observed any deficiencies therein with respect to the matter referred to in sub-rule (3), he shall take appropriate action to ensure the remedial measures necessary for removing such deficiencies.

After considering the aforesaid provision, I find that the committee of each Non-Government Educational Institution shall constitute Academic Council. In accordance with the provisions of sub-rule (c) of rule (2) of the said rules, the term committee means the managing committee of a Non Government Aided Educational Institution. Therefore, in accordance with the provisions of Rule 30 of the said rules the managing committee of a Non Government Aided Educational Institution, meaning thereby that the members of the managing committee, of the above institution shall participate in the matter of electing members of an Academic Council and elect maximum three members from amongst the members of teaching staff including the Librarian where there is one, working against sanctioned posts or sanctioned additional posts for not less than two years for constituting an Academic Council of such an institution.

In view of the above, the voters'' list prepared by virtue of the impugned notice cannot be sustained in law because the same includes the names of those teaching staff also who are admittedly not the members of the managing committee of the above school. Therefore, the same is liable to be quashed and set aside.

So far as the right of the petitioner to participate in this above election is concerned, it is not in dispute that the petitioner is not a member of the managing committee of the above school. Therefore in view of the provisions of rule 30 of the said rules, as interpreted hereinabove, the petitioner has no right to cast his vote in the above election. Therefore, the writ petition succeeds partially by quashing and setting aside the impugned notice without granting any further relief to the petitioner so far as the question of inclusion of his name in the above voters'' list is concerned.

This writ petition is, therefore, disposed of accordingly. There will be, however, no order as to costs.