Back
1999 Supreme(Cal) 413
CALCUTTA HIGH COURT
S.B. Sinha, A.C.J. & M.H.S. Ansari, J.
Biswanath Ghosh & Ors.
Vs.
Bishnupada Sau & Ors.
M.A.T. No. 1864 of 1999
With
M.A.T. No. 2042 of 1999
C.A.N. No. 5421 of 1999
Decided On : August 2, 1999
Asok De, T. P. Halder for the appellant;
P. K. Das and Bimal Chakraborty for the respondent;
Milan Bhattacharjee for the added party;
P.R. Mandal and Bendana Das for the College Service Commission.
The appointment of the Principal made by the President of the Governing Body subject to the approval of the Governing Body and subsequent ratification by the Governing Body is valid.
Headnote:
EDUCATION - WEST BENGAL COLLEGE SERVICE COMMISSION ACT, 1978 - SECTION 9 - APPOINTMENT OF PRINCIPAL - VALIDITY - PRESIDENT OF GOVERNING BODY'S APPOINTMENT SUBJECT TO APPROVAL OF GOVERNING BODY - GOVERNING BODY'S RATIFICATION - VALID APPOINTMENT.
Fact of the Case:
The President of the Governing Body of a college appointed the Principal subject to the approval of the Governing Body. The Governing Body later ratified the appointment. A writ petition was filed challenging the appointment on the ground that the Governing Body is the appointing authority. The Single Judge declared the appointment invalid.
Finding of the Court:
The Court held that the appointment made by the President and subsequently confirmed by the Governing Body ratifying his action, no legal infirmity can be found with respect to the appointment of appellant No.2 as Principal of the college in question.
Issues: Whether the appointment of the Principal by the President of the Governing Body subject to the approval of the Governing Body and subsequent ratification by the Governing Body is valid.
Ratio Decidendi: The Court held that the Governing Body is the appointing authority, but the President can make an appointment subject to the approval of the Governing Body. The Governing Body's subsequent ratification of the appointment made it valid.
Final Decision: The Court allowed the appeals and set aside the judgment and order of the Single Judge.
M.H.S. Ansari, J. : Both the appeals in question are against the same order of a ld. Single Judge dated 7.6.99 in W.P. No. 19928(W) of 1998.
2. In M.A.T. No. 1864/99 the President of the Governing Body is the appellant.
3. MAT. No. 2042 of 1999 is filed by the members of the Governing Body who were not impleaded as respondents in the said writ petition No. 19928(W) of 1998. The appeal was filed alongwith an application for grant of leave of file the appeal. The Governing Body has approved the appointment of the Principal recommended by the College Service Commission upon being duly selected for appointment as the Principal of Sushil Kar College. In our opinion, since the writ petition filed by respondent No.1 herein pertains to the action of the Governing Body of the College in question leave to file the appeal has to be granted and is accordingly granted.
4. The order under appeal in the instant two appeals is dated 7.6.99 passed in W.P. No. 19928(W)/98 disposing of the writ petition filed by respondent No.1 herein whereby and where under the appointment made by the President in favour of respondent No.8 in writ petition as Principal of the College in question was declared invalid and further following directions were issued ;
"(1) The Governing Body of the said college shall issue letter of appointment in favour of the respondent No. 8 on the basis of the recommendation of the College Service Commission within fortnight from the date of communication of this order by adopting valid resolution.
(2) The writ petitioner shall convene a meeting acting as ex-officio Secretary within seven days from the date of communication of this order, failing which any member of the Governing Body can act as a Secretary and can convene a meeting for the purpose of appointment of the respondent No.8.
(3) After such appointment is given the respondent No. 8 shall assume the charge of the office of Principal and the writ petitioner herein is directed to co-operate and/or render all assistance to respondent No.8."
5. The appellants in the appeals, as noticed above, are the President and respondent No.8 and in the other appeal members of the Governing Body, respectively.
6. After having heard ld. Counsel for the respective parties and upon perusing the judgment under appeal as also the various documents relied upon by the respective parties and the subsequent events we are of the considered opinion that only certain relevant facts necessary for disposal of the instant two appeals need to be stated in the view that we propose to take in the matter.
7. One Sri Debi Prasad Mallik who was the Principal of the college is question retired on 31.10.97 on attaining the age of superannuation. Prior thereto, the Governing Body of the college sent requisition to the College Service Commission requesting the authority to recommend the candidate for the post of Principal of the college. As by the date of superannuation of Mr. Mallik on 31.10.97 no such recommendation had been received, Sri Bishnupada Shaw (writ petitioner) was directed to act as teacher-in-charge on ad hoc basis till the appointment of the Principal.
8. On 2.7.98 the College Service Commission duly sent its recommendation to the President of the Governing Body recommending Shri Paritosh Sarkar (Appellant No.2 in M.A.T. No. 1864/99 and respondent No.8 in the writ petition) to be appointed as Principal of the said college. 9. On 16.7.98 the President of the Governing Body issued a letter of appointment to Paritosh Sarkar appointing him as Principal of the college subject to the approval of the Governing Body. In the said letter of appointment Dr. Paritosh Sarkar was requested to join the college by 1.9.98 as the Principal. Dr. Sarkar accepted the appointment and intimated his acceptance to the President through his letter dated 18.7.98.
10. The writ petitioner-Teacher-in-Charge at the relevant time raised an objection to the appointment of appellant No.2 herein and declined to call the meeti
