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BISWAJIT BASU
Convent of Our Lady of Providence Girls’ High School – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
BISWAJIT BASU, J.
1. The issues under consideration in these three writ petitions are inter-mingled; as such, they are taken up for analogous hearing and disposal.
2. The Convent of Our Lady of Providence Girls High School (hereinafter referred to as ‘the school’ in short), is established, run and administered by the Christian Community; as such, enjoys the privileges envisaged under Article 30(1) of the Constitution of India.
3. The school, in the first two writ petitions being WPA 7894 of 2022 and WPA 7897 of 2022, inter alia, has sought for a declaration that the provisions of West Bengal Board of Secondary Education (Appointment, Confirmation, Conduct and Discipline of Teachers and Non-Teaching Staff) Rules, 2018 (hereinafter referred to as “the Rules of 2018” in short) are ultra vires to the Constitution of India.
4. Two Assistant Teachers of the school are the petitioners of the third writ petition being WPA 7329 of 2023 (hereinafter referred to as the “the petitioners”) they are facing disciplinary proceedings for their alleged misconduct. The Enquiry Officer appointed in relation to the said disciplinary proceedings had invited the petitioners to participate in the en
Minority institutions are not bound by external regulations like the Rules of 2018, provided they ensure fair hearing in disciplinary proceedings.
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of the Special Rules in relation to the Management Rules, 1969 and determined that the Special Rules had not been rescinded and were still in operation.
The right of minority institutions to establish and administer educational institutions includes the right to appoint staff, which cannot be restricted by government regulations.
The main legal point established in the judgment is that a service dispute involving a private educational institution and its employee is not amenable to challenge under Article 226 of the Constitut....
Point of Law : Law could not be deemed to be unreasonable unless it was totally destructive or annihilative of the right under Art.30(1).
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 refusa....
Disciplinary proceedings must adhere to principles of natural justice; failure to notify the dismissed employee of inquiry details invalidates dismissal.
Point of Law : Position of law, settled overtime, is that if an inquiry is held ex-parte, ex-parte delinquent must be put to notice of date, time and venue of inquiry, where, if he so chooses, he can....
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