1995 Supreme(Cal) 155

High Court Of Calcutta
SAMARESH BANERJEE
GOUR SANKAR PANI - Appellant
Versus
STATE OF WEST BENGAL - Respondent
C. O.  17107  Of  1994
Decided On : 05/05/1995

Headnote:

SAMARESH BANERJEE, J. ( 1 ) THREE teachers and one non-teaching employee of Gobra I. N. K. M. High School in the District of Midnapore who contested the election of teaching and non-teaching category of the school jointly have moved the instant writ application, inter alia, for issue of writ in the nature of mandamus commanding the respondents particularly the respondent No. 5 to reconstitute the new Managing Committee within December, 1994 after complying with necessary formalities, and also for direction upon the existing Managing Committee to hand over the charge to the newly constituted Managing Committee. A prayer for interim order was also made to the effect directing the respondent No. 5 to hold election of teaching and non-teaching category on or before 10-10-94.

Fact of the Case:

The tenure of the existing committee was due to expire on 31-12-94. As per the direction of the West Bengal Board of Secondary Education, the school authorities prepared the election programme for the purpose of holding Guardians' election which was scheduled to be held on 25-9-94 and the same was held on the said date and the results were declared. Before holding of such election, the teacher in-charge issued notice fixing date of election of teaching and non-teaching category on 14-9-94. On the date of election of teaching and non-teaching category ballots were issued and at the time of verification of the ballots it was found that some ballots were not signed by the teacher in-charge. The voters present received ballots after signing the counterfoils as such they requested the teacher in-charge to proceed with the election. Ultimately voters cast their votes and thereafter, counting was started but one teacher objected to declaring the results of such poll. At that time there was serious commotion and the Presiding Officer was directed by the contesting candidate not to declare the result of such election. Ultimately the Presiding Officer proposed to refer the matter before the Assistant Inspector of School (S. E.), Contai and he did so by a letter dated 19-9-94. Subsequently, on 20-9-94 after having a discussion the Assistant Inspector of Schools (W. E.), Contai verbally instructed the Presiding Officer to issue a notice for fresh election, accordingly the Presiding Officer issued a notice dated 21-9-94 for re-election of the teaching and non-teaching category and the same was fixed on 24-9-94 after cancelling the voting which was held on 14-9-94. But nine teaching and non-teaching staffs out of 35 refused to acknowledge such notice for election by signing who are contesting in such category for the obvious purpose of the postponement of the election and to create an administrative vacuum in the school after the expiry of the tenure of the existing Managing Committee. Under such a situation the respondent No. 5 being the teacher in-charge declined to hold the election on 25-9-94 on the ground that the said teaching and non-teaching staffs had refused to sign the said notice, in spite of repeated requests of others to hold such election as the life-term of the Managing Committee will expire on 31-12-94. The teacher in-charge issued a notice dated 24-9-94 postponing the election until further decision.

Finding of the Court:

The Court found that the Managing Committee had the right to complete the reconstitution process, and that the appointment of the Ad hoc Committee was invalid. The Court also found that the District Inspector of Schools had failed to place a departmental nominee, and directed him to do so within a week.

Issues: 1. Whether the Managing Committee had the right to complete the reconstitution process? 2. Whether the appointment of the Ad hoc Committee was valid? 3. Whether the District Inspector of Schools had failed to place a departmental nominee?

Ratio Decidendi: 1. The Managing Committee had the right to complete the reconstitution process because: * The lifetime of the Managing Committee had been extended by a General Circular of the Board. * The order appointing the Ad hoc Committee was ex facie bad. * The appointment of the Ad hoc Committee was in violation of an interim order of the Court. 2. The appointment of the Ad hoc Committee was invalid because: * It was based on an alleged emergency which was non-existent. * It was contrary to the interim order of the Court. 3. The District Inspector of Schools had failed to place a departmental nominee, and was directed to do so within a week.

Final Decision: The writ application was allowed. The Managing Committee was entitled to complete the reconstitution of the Managing Committee by holding the office bearers' election. The District Inspector of Schools (S. E.), Midnapore, was directed to place the departmental nominee positively within a week from the communication of this order. The respondent No. 5 was directed to hold the office bearers' election within a fortnight after placement of such departmental nominee and the newly constituted Managing Committee was directed to be handed over charge of the school by the outgoing Managing Committee positively by 30th May, 1995. The order dated 2nd March, 1995 passed by the President of the West Bengal Board of Secondary Education being a letter No. S/107 dated 2nd March, 1995 appointing Ad hoc Committee was set aside. The Ad hoc Committee was directed to return the charge of the school including all documents and keys to the teacher in charge within 72 hours from the date. All the teaching and non-teaching staffs of the schools were directed to be paid by the teacher in charge without delay and the Bank where the account of the school situates was directed to permit the teacher in charge to operate the school account for the aforesaid purpose till assumption of charge by the new Managing Committee.