The central legal point established in the judgment is the validity and applicability of the 1973 Rules in governing the recruitment process for a minority educational institution, despite the refusal to issue a no objection certificate.

JUDGMENT :

ANIRUDDHA ROY:

1. The parties have agreed for the consolidated and analogous hearing of these three writ petitions. The reliefs claimed in all three writ petitions are identical and the legal issues are same. The parties, therefore, agreed to proceed principally in WPA 18852 of 2019 on the basis of its records. However, depending upon the requirement the parties have referred to the records of the other two writ petitions also. All three writ petitions are disposed of by this composite judgment, accordingly.

Facts:

2. Dayanand Anglo-Vedic Higher Secondary School (hereinafter referred to as the Dayanand School) is a minority Educational Institution which was established and then being run and managed by Arya Samaj, Asansol. Dayanand School had been recognized as a Minority Educational Institution (for short, the Minority Institution) by the State under Notification No. 404 Edn (S), dated March 19, 1973 (for short, the said 1973 Rules), Annexure P-1 at page 21 to the writ petition. The school is being run, managed and administered by its managing committee, of which the petitioner no.2 is the Secretary. The petitioner no.3 is the teacher-in-charge of the school.

3. The schedule to the said 1973 Rules contains the names of the Educational Institutions/Schools which are covered under the provisions of the said 1973 Rules. Serial No.1 to the said schedule features the name of the Dayanand School. Dayanand School at all material time was recognized as a minority Educational Institution by the State since the said 1973 Rules was promulgated.

4. As a minority Educational Institution Dayanand School is entitle to recruit its own staffs and employees both teaching and non-teaching in adherence to the provisions laid down under the said 1973 Rules.

5. By a memo bearing no. 672-LS dated June 20, 2006, the then Director of School Education, presently the Commissioner of School Education, West Bengal directed the Dayanand School to follow the recruitment rules prepared for the Christian Minority Educational Institution in terms to G.O. No. 1314-SE(S)/4AA-35/2002 dated September 17, 2002, Annexure P-2 at page 28 to the writ petition, and directed the respondent no.3 and 4 to act accordingly.

6. Although the school is a minority institution within the meaning of the said 1973 Rules, however, the school for the purpose of obtaining minority status certificate from the Minor Affairs and Madrasah Education Department of the State, filed a writ petition being W.P. 3647 (W) of 2016. In the said writ petition a Coordinate Bench by its order dated August 23, 2016 directed the School Education Department to decide the issue. By its decision dated February 22, 2017 the Joint Secretary of the School Education Department, Government of West Bengal refused to issue no objection certificate for obtaining minority status certificate by Dayanand School from the Minority Affairs and Madrasah Education Department, Annexure P-5 at page 44 to the writ petition.

7. Meanwhile Dayanand School was in requirement of recruitment for teaching and non-teaching staffs. Dayanand School submitted all its necessary papers in this regard before the relevant State authority, Annexure P-8 at page 52 to the writ petition.

8. Dayanand School then received an impugned communication dated September 13, 2019, Annexure P-9 at page 92 to the writ petition, issued by the respondent no.3 in which on the strength of the said decision of the Joint Secretary, School Education Department dated March 03, 2017, the respondent no.3 informed the school not to proceed with the recruitment process for the teaching and non-teaching staffs.

9. Being aggrieved by the said decision of the respondent no.3 dated September 13, 2019, the petitioners filed the instant writ petition praying for the following reliefs:-

“a) A writ of Mandamus directing the respondents esp., the respondent No.3 to act according to law and withdraw and/or rescind and/or cancel the letter having Memo No.807/PB(SE) dated 13th S