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IN THE HIGH COURT AT CALCUTTA
SOUMEN SEN, SMITA DAS DE
Ratna Mitter – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Soumen Sen, J.
1. By consent of the parties the appeal and the application are taken up together and disposed of by this order.
2. The appeal is arising out of an order passed by the learned Single Judge, in WP No.7329 of 2022. This writ petition was heard analogously with WPA 3511 of 2022 as the issues were interconnected. However, a composite appeal has been filed by Ratna Mitter, and Anita Nigam being aggrieved by the impugned order dated 8th January, 2025 (hereinafter referred to as the “said order”) by which both the writ petitions were disposed of by a common judgment and order passed by the learned Single Judge.
3. The learned Single Judge refused to interfere with the enquiry proceeding and disposed of the writ petition by giving liberty to the appellants to file their response to the enquiry report within a period of two weeks from the date of the said order.
4. The appellants are aggrieved by this order.
5. Briefly stated the appellants are the assistant teachers of the Convent of our Lady of Providence Girl’s High School (in short, ‘the school’). The said school was established, run and administered by the Christian Community and accordingly it claims privileges and
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of the Special Rules in relation to the Management Rules, 1969 and determined that the Special Rules had not been rescinded and were still in operation.
Disciplinary proceedings must adhere to principles of natural justice; failure to notify the dismissed employee of inquiry details invalidates dismissal.
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....
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 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....
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....
The mandatory nature of the procedure under Rule 7 of the Rules of 1999 in disciplinary proceedings and the requirement to adhere to natural justice principles.
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