( 1 ) THE writ application itself was taken up for hearing along with the appeal with the consent of the parties.

( 2 ) THE writ application was directed against an order dated 25-9-95 as contained in Annexure 'i' to the writ application whereby and whereunder the respondent No. 9 herein was appointed as an Administrator of the School. It appears that the said communication was made pursuant to the order made by the President of the West Bengal Board of Secondary Education in exercise of his emergency power conferred upon him under Section 28 (2) of the West Bengal Board of Secondary Education Act, dated 25-9-95 which reads thus :-"i have considered the reports received from the Headmaster of the school on the affairs of Champahati Nilmonikar Vidyalay, 24-Parganas (S) and other papers in the files. It is observed that an administrative chaos has been prevailing in the school following the resignation of three teacher representative/ non-teacher representatives. In the above situation, I am decidedly of the view that an emergency has arisen in the affairs of the school. Hence to safeguard the interest of the institution, prompt action is called for. In conside