IMPORTANT POINT
The court established the validity of the Special Rules in relation to the Management Rules, 1969 and determined that the Special Rules had not been rescinded and were still in operation.

JUDGMENT :

Partha Sarathi Chatterjee, J.

PRELUDE:

1. In a voyage to get back his job as Assistant Teacher in Work Education in Dayanand Anglo-Vedic High School, the petitioner, who has suffered an order of dismissal from service, preferred this writ petition praying for issue of writ of and/or in the nature of mandamus and/or appropriate order declaring that the notification vide. no. 404-Edn(S) dated March 19, 1973 issued by the Joint Secretary, Government of West Bengal, Education Department, known as ‘Special Rules’ in common parlance, is ultra vires to Rule 28(8), 32 and 33 of the Rules of Management of Recognised Non-Government Institution (Aided and unaided) Rules, 1969 as well as to Article 14 and 16 of the Constitution of India and setting aside the second show cause notice and the order of dismissal from service passed by the Disciplinary Authority in conclusion of a disciplinary proceeding initiated against him.

PETITIONER’S CASE:

2. Before going to delve into the contour of controversies involved in the writ petition, it would be apt to advert to the facts frescoed in the writ petition and subsequent pleadings of the petitioner which are as follows:

i) The petitioner built his academic career by acquiring qualification of B.com from University of Burdwan. He obtained Diploma in Work Education from an Institution, namely, ‘Siksha Samsad’, registered under West Bengal Societies Registration Act, 1976 and he also obtained Diploma in Computer Education from Bidhan Chandra Computer Engineers (India) and got his name registered with the concerned Employment Exchange.

ii) The Dayananda Anglo-Vedic High School, Asansol, Burdwan (hereinafter referred to as the school) is run as a Minority institution governed by the ‘Special Rules’ framed for the management of ‘Secondary Schools established and administered by Arya Samaj and/or Gurukul Vidyalaya Trust, under the aegis of Arya Pratinidhi Sabha of the State (Representative Body of Arya Samajis in the State) by the Hon’ble Governor in exercise of the power conferred by Rule 33 of the Management of Recognized Non-Government Institution (Aided and Unaided) Rules, 1969 (in short, Management Rules).

iii) On receipt of requisition sent from the school, the Employment Exchange sponsored the names of some eligible candidates including the petitioner’s for the post of Assistant Teacher in Work Education in the School.

iv) The petitioner participated in the selection process and emerged to be 1st empanelled candidate. The panel prepared by the selection committee was approved by the District Inspector of Schools (SE), Burdwan. Subsequent thereto, letter of appointment dated 22.11.2000 was issued in favour of the petitioner and the petitioner joined the school as Assistant Teacher in Work Education on 23.11.2000 as probationer. His appointment was approved by the D.I. of Schools concerned w.e.f. 3.6.2001.

v) On 13th May, 2003, the petitioner was served a show cause notice dated 7th May, 2003. The petitioner submitted his reply to show cause notice dated 7th May, 2003 but he was again served another show cause notice dated 29.05.2003 and by an letter dated 26.06.2003, he replied to the show cause notice dated 29.05.2003. In the aforesaid show-cause notices, it was alleged that on enquiry, it revealed that the petitioner had obtained Diploma in Work Education from an institution which is not recognised by the Government and as such, he had no requisite qualification for being appointed in the post but his grand-father, who happened to be Secretary of the school at the relevant point of time, exercised his influence over the selection committee and secured the petitioner’s appointment in the post.

vi) Challenging the aforesaid show-cause notices dated 7.05.2003 and 29.05.2003, the petitioner preferred one writ petition being W.P. no. 9944(W) of 2003. By passing an interim order, a Hon’ble Coordinate Bench of this Court directed the school authority to maintain status quo with regard to the service of