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1982 Supreme(Online)(Cal) 4

CALCUTTA HIGH COURT
T.K. Basu, J
Debi Prasad Bagaria and Another v. State
Civil Rule No. 1891 of 1980



Advocates:
For the Appellants/Petitioners: Mr. Bachawat
For the Respondents: Mr. A.P. Chatterjee

Administrative orders affecting civil rights require adherence to natural justice principles, including the opportunity for parties to be heard before such orders are enforced.

Headnote:(A) Education laws - Rules relating to constitution of Managing Committees of aided Primary schools - Order dated 21-10-1970 superseding Managing Committee without proper approval and without giving opportunity to be heard contravenes principles of natural justice. (Paras 1, 10, 17, 21)

(B) Administrative jurisdiction - Authority must pass formal order with reasons, and natural justice principles apply to administrative orders affecting civil rights. (Paras 10, 17)

(C) Committee constitution - Alleged irregularities in committee formation must be addressed under appropriate rules rather than extraneous considerations. (Paras 15, 21)

Facts of the case:
The President and Secretary of the Managing Committee of Savitri Pathshala contest the legal validity of an order appointing an Administrator for their school, claiming the order was made without following due process and that they were not informed or given the opportunity to contest the allegations against them.

Findings of Court:
The impugned order was declared invalid as it lacked proper adherence to statutory procedures and principles of natural justice, resulting in a directive for the restoration of the Managing Committee.

Issues: The court principally examined whether the appointment of an Administrator was lawful considering procedural defects and if the petitioners were denied a fair opportunity to challenge the allegations leading to supersession.

Ratio Decidendi: The court reasoned that the principles of natural justice apply to the administration of schools, particularly regarding the necessity of hearings before supplanting governance structures and the requirement for administrative orders to be clear and substantive.

Result: The application was allowed, and a writ of Mandamus restraining the Administrator from acting further was issued.

1. The facts of this case as set out in the petition are as follows: -
The petitioners are the President and Secretary respectively of the Managing Committee of Savitri Pathashala, a primary school situated at No.5 / D, Muktaram Babu Street. Calcutta - 7 (hereinafter referred to as the said School). The petitioners state that since 1933 prominent members of the Marwari Community in Calcutta made and collected donations from various persons from time to time for, inter alia, to take charge of, maintain, manage and improve a Girls' School known as the Savitri Pathshala together with its properties and to take the control of or establish any other schools for Girls elsewhere as might be considered necessary or desirable and to spread education among and to promote the religious, moral and intellectual advancement of high caste Up - country Hindu Girls and particularly Marwari Girls belonging to Sat Grihastha as, that is to say, respectable families professing the Sanatan Hindu and Jain religion. The petitioners state that with some prominent members of the Marwari Community i.e., Rai Bahadur Hozarimull Dudwewall, Rai Bahadur Badri Das Goenka, Rai Bahadur Ramdev Chokhani. Rai Bahadur Ramji Das Bajoria, Sri Gobardhan Das Shroff, Sri Ram Kumar Jhunjhunwala and Sri Surajmull Jalan constituted themselves trustees for carrying out the said purposes. The petitioners state that on 24th Apr. 1970, Savitri Educational, and Charitable Trust was executed and Mohanlal Jalan, Hari Krishna Jhajheria since deceased and Parmeshwar Lal Kedia were and except Hari Krishna Jhajharia, along with others still are the trustees of the said Savitri Educational and Charitable Trust. The petitioners state that the objects and purposes of the Trust as declared in the said Trust Deed are, inter alia, that the trustees would continue to allow the said Savitri Pathshala to be run in accordance with the object of the said Trust. The petitioners state that the said Savitri Pathshala have two sections, primary and secondary. Pursuant to the direction given by the respondent No.3 a separate Managing Committee of Savitri Pathshala (Primary Section) in May, 1979, was constituted with two elected Guardians' representatives two elected teachers' representatives and two members nominated by the Savitri Educational and Charitable Trust with the Head of the Institution as ex - officio member. Reports of the said constitution of the Managing Committee were duly submitted to the respondent No.3 and approval for the said constituted Managing Committee was sought for from the respondent No.3 but it is alleged that the petitioners are not aware of what has happened to the fate of said prayers seeking approval of the said Managing Committee. After the said constitution of the Managing Committee, the members held office bearers election and started functioning for the well being of the said institution. Thereafter Sri Biren Mishra, Dy. Inspector of Schools attached to the office of the respondent No.3 visited the said primary section of the school several months ago and enquired about the constitution of the Managing Committee and also of the procedure for holding election. At the time of the said enquiry by the said Dy. Inspector of Schools the Head Teacher explained everything to him in details, and relevant papers and / or records were also shown to the satisfaction of the said Dy. Inspector of Schools. The petitioners state that thereafter the Managing Committee held several meetings and took some important decisions in the management of the said primary section of the school and started functioning for the better and well being of the said primary school. The teachers and staff also got their respective D.A. from the respondent No.1. The petitioners state that one Mr. Biren Mishra, a Sub-Inspector of Schools attached to the office of the respondent No.3 visited the school without prior intimation to the petitioners and without consulting the petitioners and / or the Managin



















































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