07.08.2025 (ASSIGNED)

IN THE HIGH COURT AT CALCUTTA

Ct. No. 2 Constitutional Writ Jurisdiction

Sl. No. 03 Appellate Side

b.r.

WPA 9769 of 2025

IA No. CAN 1 of 2025

The Headmistress, Basudevpur Kanya

Gurukul

Vs.

The State of West Bengal & Ors

Mr. Subhrangsu Panda

Ms. Haritri Roy

Mr. Ratul Ghosal

Mr. Rohit Adhikary

….For the petitioner

Mr. Sounak Bhattacharya

Mr. Sounak Mondal

….For the respondent no. 6

Mr. Sakti Pada Jana

….For the respondent no. 5 Mr. Arindam Chattopadhyay

Ms. Lipika Chatterjee

….For the State

Mr. Lakshminath Bhattacharya

…. For the applicant.

This is an assigned writ petition.

Mr. Subhrangsu Panda, learned counsel appears

for the petitioner.

Mr. Arindam Chattopadhyay, learned counsel

appears for the State/respondent nos. 1 to 4.

On the prayer of Mr. Chattopadhyay the report on

affidavit affirmed by the respondent no.3-D.I. filed in

Court today, is taken on record. Copy has been served.

Mr. Sakti Pada Jana, learned appears for the respondent no. 5.

Mr. Sounak Bhattacharya, learned counsel appears for respondent no. 6.

The report shows that the District Inspector (D.I.)

has already taken charge of the management of the affairs of the school since July 1, 2025 as no Managing Committee is in existence. This Court is informed that the Managing Committee has already been formed and awaited for the approval by the D.I.

In view of the above and considering prayer (a)

from the writ petition, the D.I. is directed to take a decision on the pending approval of the Managing Committee of the school, in accordance with law, by passing a reasoned order on the basis of the existing materials before him. The said decision shall be taken positively within a period of six weeks from the date of communication of this order.

In the event, the D.I. requires any further clarification from any of the parties to the writ petition, D.I. shall be free to ask for such clarification and such parties shall co-operate the D.I. and provide all assistance in this regard. The reasoned order then shall be communicated to all the parties to the writ petition positively within a period of one week from the date of the said reasoned order to be passed.

Till the reasoned order is communicated, the D.I.

who has taken charge of the affairs of the school shall remain as such. If the D.I. ultimately approves the Managing Committee in its reasoned order then until the said Managing Committee takes charge of the school, the D.I. shall remain and discharge his function since he has already taken charge with regard to running of the affair of the school.

In the event, the D.I. disapproves the allegedly constituted Managing Committee, then until a further legally valid Managing Committee is constituted and takes charge, the jurisdictional D.I. shall remain in- charge of the school and shall run the entire affair of the school.

In Re: CAN 1 of 2025.

This application for addition of party has been filed by one Narayan Chandra Maity, who has described himself as the Secretary of Basudevpur Archya Samaj.

Mr. Lakshminath Bhattacharya, learned counsel appearing for the applicant submits that the Managing Committee of which he is the Secretary is a validly constituted Managing Committee and is still in existence.

Annexure p-2 at page-24 to the writ petition shows that the last existing Managing Committee which was approved in the month of April 20, 2022 has completed its life and the tenure of the said last existing Managing Committee has expired in the month of April

2025.

The record therefore shows there is no Managing Committee in existence at present in the school. It further appears from the writ petition that the Secretary of Arya Samaj, Basudevpur (local unit of Arya Samaj) has already been impleaded in the writ petition as respondent no.6.

Law is well settled that without a valid Managing Committee a school cannot run. Therefore, this Court, at this stage, is solely concerned with the formation and approval of a lawful and validly constituted Managing Committee, which shall be done by the D.I.

Accordingl