13 20.05. WPA 24136 of 2019

2025 IA No. CAN 1 of 2024 Ct. No. Bablu Chandra Biswas and others

07 Vs. The State of West Bengal and others.

Ab ---------------

Mr. Sardar Amjad Ali, Mr. Puranjan Pal.

… for the petitioners.

Mr. Biswabrata Basu Mallik, Ld. AGP, Mr. Saikat Chatterjee, Ms. Sucheta Pal.

… for the State.

Mr. Arjun Roy Mukherjee, Mr. J. Medhi.

… for the respondent no. 2.

Mr. Anjan Bhattacharya, Ms. Anita Shaw.

… for the respondent no. 7. Mr. Koyeli Bhjattacharyya, Ms. Keya Panja.

… for the WBBSE.

The genesis of the present writ petition lies in the inaction of the West Bengal Board of School Education in addressing serious allegations against the Headmaster of Kharba Harinarayan Agril High School (hereinafter referred to as 'the school'), pertaining to the alleged misappropriation of funds allocated to the School under various programmes, including the Mid-Day Meal Programme.

To encourage students from economically weaker sections to attend school, prevent dropouts, and promote free education as mandated under Article 21 of the Constitution of India, the State launched various programmes, including the Mid-Day Meal Programme, the provision of school uniforms, free books, and other reading materials in primary and secondary schools.

In the present case, the Headmaster was entrusted with the responsibility of implementing those programmes at the school. However, as previously noted, complaints were lodged by both teaching and non-teaching staff, as well as by the guardians of students, alleging the misappropriation of funds allocated for the programme by the Headmaster.

Based on the complaint lodged against the Headmaster, a Three-Member Committee was constituted on 04.12.2018. The Committee submitted its report to the Additional District Magistrate (JP), Malda. The report highlighted a defalcation of Rs. 40,034.11 and noted that three registers, namely, the Cooked Food Test Register, the Food Grain Register, and the Receipt and Payment Register, were maintained only until September 2018. Furthermore, the report revealed that certain entries in the Receipt and Payment Register had been tampered with using whitener pen, and an unutilized fund balance of Rs. 8,10,474.63 as of 01.10.2018 remained unspent.

A communication dated 10.12.2018, addressed to the D.P.O., SSM, Malda by the Sub-Inspector of Schools, indicates that although the Utilization Certificate dated 19.04.2018 reported that a total of 1,118 students had received school uniforms, an inquiry revealed that 138 students claimed they had not been provided any uniform. Furthermore, Annexure- P-7 to the application for bringing certain subsequent events on record shows that several teachers and non-teaching staff alleged they had not received remuneration for taking additional classes, despite the school having received funds amounting to Rs. 2,96,960/- for this purpose.

After perusal of the report the Additional District Magistrate (JP) vide. his letter dated 28.01.2019 requested the District Inspector of Schools to take immediate action against the Headmaster of the school as per the applicable rules with a further request to submit an action taking report to his office.

All these incidents took place way back in 2019. The irony, however, lies in the fact that even after six years, no complaint has been lodged before the Board by the school authorities, nor has any enquiry been conducted to determine whether the allegations made against the Headmaster have any merit.

The records reveal that, by a letter dated 03.02.2020, the District Inspector of Schools instructed the President of the School's Managing Committee to seek an explanation from the Headmaster regarding certain issues. The letter further directed that, if the headmaster's response was found unsatisfactory, a proposal should be submitted to the West Bengal Board of Secondary Education for initiating disciplinary proceedings against him.

Mr. Sardar Amjad Ali, learned Senior Advocate appearing on behalf of the petitioner, draws