Back
High Court Of Calcutta
M. M. Dutt, Monoj Kumar Mukherjee
ADMINISTRATOR, WEST BENGAL BOARD OF SECONDARY EDUCATION - Appellant
Versus
DR.ABINASH CHANDRA BHADRA - Respondent
F. M. A. T. 234 Of 1982
Decided On : 06/03/1982
EDUCATION - Secondary Education - Recognition and Affiliation - Withdrawal of Affiliation - Effect - Right to claim grants-in-aid - Whether Udayan Institution for Girls at 16, Gomes Lane, Calcutta is a recognised secondary school - Whether respondents have a legal right to claim payment of salaries, dearness and other allowances of the members of the teaching and non-teaching staff of the school - Whether the Government is precluded from making a discrimination between Udayan Institution for Girls at 16, Gomes Lane, Calcutta and other recognised secondary institutions.
Fact of the Case:
Udayan Institution for Girls, a Class X school recognised by the West Bengal Board of Secondary Education (the Board), was embroiled in a dispute over its management. The Managing Committee of the school was superseded by the Board, and an Administrator was appointed to take charge of the school. The respondents, members of the Managing Committee, challenged the order of supersession and obtained a stay order from the High Court. During the pendency of the suit, the Board made a publication stating that the school at 16, Noor Mohammad Lane, Calcutta, was the only affiliated school under the name Udayan Institution for Girls. The respondents filed a writ petition seeking payment of salaries, dearness and other allowances of the members of the teaching and non-teaching staff of the school at 16, Gomes Lane, Calcutta, arguing that the school was still a recognised secondary school and entitled to grants-in-aid from the Government.
Finding of the Court:
The High Court held that Udayan Institution for Girls at 16, Gomes Lane, Calcutta, was a recognised secondary school since no order withdrawing its affiliation or recognition had been produced before the court. The Board's publication stating that the school did not have affiliation was of no effect, as the Board had no jurisdiction to withdraw affiliation while the High Court's stay order was in operation. The court further held that the Government could not discriminate between Udayan Institution for Girls at 16, Gomes Lane, Calcutta and other recognised secondary institutions by denying it grants-in-aid, as such discrimination would violate Article 14 of the Constitution.
Issues: 1. Whether Udayan Institution for Girls at 16, Gomes Lane, Calcutta, is a recognised secondary school. 2. Whether the respondents have a legal right to claim payment of salaries, dearness and other allowances of the members of the teaching and non-teaching staff of the school. 3. Whether the Government is precluded from making a discrimination between Udayan Institution for Girls at 16, Gomes Lane, Calcutta and other recognised secondary institutions.
Ratio Decidendi: 1. The court held that Udayan Institution for Girls at 16, Gomes Lane, Calcutta, was a recognised secondary school since no order withdrawing its affiliation or recognition had been produced before the court. The Board's publication stating that the school did not have affiliation was of no effect, as the Board had no jurisdiction to withdraw affiliation while the High Court's stay order was in operation. 2. The court held that the respondents had a legal right to claim payment of salaries, dearness and other allowances of the members of the teaching and non-teaching staff of the school, as the Government could not discriminate between Udayan Institution for Girls at 16, Gomes Lane, Calcutta and other recognised secondary institutions by denying it grants-in-aid. Such discrimination would violate Article 14 of the Constitution.
Final Decision: The High Court dismissed the appeal filed by the State of West Bengal and its officers, upholding the judgment of the trial court. The court directed the appellants to make payment of salaries, dearness and other allowances to the members of the teaching and non-teaching staff of Udayan Institution for Girls at 16, Gomes Lane, Calcutta, with effect from January 1, 1980, and to continue making such payments until a competent court decided otherwise.
( 1 ) THIS appeal has been preferred by the State of West Bengal and three others against the judgment of B. C. Ray, J. dated Jan. 11, 1982, whereby the learned Judge made absolute the Rule Nisi issued on the application of the respondents under Article 226 of the Constitution.
( 2 ) THE respondents, who were the writ petitioners, are the members of the Managing Committee of Udayan Institution for girls, situate at 16, Gomes Lane, Calcutta. It is the case of the respondents that the said school was founded by respondent 4, Shri Prabati Charan Sen Gupta. The school was recognised as a Class X school by the West Bengal Board of Secondary Education, hereinafter referred to as the Board, in the year 1965. The recognition was extended from time to time. After the special constitution of the Managing Committee of the school was approved by the Board, the Managing Committee of the school was constituted on July 2, 1967 with the respondents as the members thereof. After the Management of the Recognised Non-Government Institutions (aided and unaided) Rules, 1969 was framed, hereinafter referred to as the said Rules, the school made an application on Sept. 22, 1969 for the approval of the special constitution of the Managing Committee of the school under Rule 8 (2) of the said Rules. It appears that the board allowed the Managing Committee to continue until further direction or decision of the board. On Sept. 23, 1969, the Director of Public Instructions, West Bengal, recommended the approval of the special constitution of the school. Thereafter, an inspection of the school was held by the District Inspector of Schools, and he submitted a report. On such report, the Director of Public Instructions withdrew his recommendation for the approval of the special constitution of the Managing Committee of the school and recommended the suppression of the Managing Committee on Feb. 4, 1975. Pursuant to the said recommendation, the President of the Board issued an order dated Dec. 18, 1975 superseding the Managing Committee of the school and appointed one Shri P. C. Roy Chowdhury, Administrator, to take charge of the school.
( 3 ) BEING aggrieved by the said order of supersession, the respondents instituted a suit being Title Suit No. 2223 of 1975 before the 8th Bench, City Civil Court, Calcutta, against the Board and its President and Deputy Secretary and the said Administrator, P. C. Roy Chowdhury, inter alia, praying for a declaration that the said order of supersession was illegal and invalid and for a permanent injunction restraining the defendants from giving any effect or further effect to the said order of supersession and from in any manner interfering with the functions of the plaintiffs, (the respondents herein) and the members of the Managing Committee of Udayan Institution for Girls. During the pendency of the suit, on May 29, 1976, the order of supersession dated Dec. 18, 1975 was withdrawn and recalled and a fresh order of supersession was made by the President of the Board on the ground of expiry of the term of the Managing Committee of the school. By the said order, the said P. C. Roy Chowdhury was again appointed Administrator of the School. Upon the withdrawal of the previous order of supersession and the passing of a fresh order of supersession, the respondents, by an amendment of the plaint challenged the subsequent order of supersession. It is the case of the appellants that the Administrator, after he had taken over charge of the school on June 6, 1976, was obstructed by the respondents in discharging his duties as the Administrator and, accordingly, he shifted the school from 16, Gomes Lane, Calcutta to 16, Noor Mohammad Lane, Calcutta on Jan, 11, 1977. It appears that on Jan. 21, 1978, the Board made a publication in the Ananda Bazar Patrika, the English rendering of which is as follows :--"the address of the Udayan Institution for Girls, a girls school affiliated to the Board, is at 16, Noor Mohammad La
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
