A recognized secondary school has 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, when the Government has introduced a scheme for free education and directed all recognized secondary schools not to realise tuition fees from students.

1. THIS appeal has been preferred by the State of West Bengal and three others against the judgment of B. C. Ray J dated January 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 the respondent no. 4, Shri parbati 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 September 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 September 23, 1969, the Director of Public Instruction, 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 Instruction withdrew his recommendation for the approval of the special constitution of the Managing committee of the school and recommended the supersession of the Managing committee on February 4, 1975. Pursuant to the said recommendation, the president of the Board issued an order dated December 18, 1975 superseding the managing Committee of the school and appointed one Shri P. C. Roy Chowdhary, Administrator, to take charge of the school.

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 reward and its President and Deputy Secretary and the said Administrator P. C. Roy Chowdhury, inter aha, 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 December 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 January 11, 1977. It. appears that on January 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 girl school affiliated to the Board, is at 16, Noo