1. A clause in the applicable rules relating to suspension of a primary school teacher falls for consideration in this appeal. The appellants are aggrieved by the order allowing the writ petition without calling for any affidavits and insist that the matter is of some significance on a point of principle.

2. FOLLOWING a criminal complaint against him, the writ petitioner-a head teacher at the Kubra Primary School under the Birbhum District Primary school Council-was arrested and produced before the Sub-Divisional Judicial magistrate in Rampurhat on August 6,2002. He remained in detention thereafter and was enlarged on bail on November 11, 2002. On November 1, 2002 the chairman of the District Primary School Council issued a letter of suspension citing the petitioner's detention in custody for a period exceeding 48 hours and the chairman's authority under a notification of February 5,1977 to issue the order of suspension. The order of suspension continued despite a representation of January 6, 2006 made by the writ petitioner for withdrawal thereof. The writ petition was filed in or about March, 2007 seeking a mandamus for rescinding the suspension notice and ancillary writ