Calcutta High Court (Appellete Side)
Rakesh Saha vs West Bengal Board Of Secondary ... on 1 July, 2019
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
1
M/L 4
01.07.2019
Ct. No. 17
SD
W.P. 9452 (W) of 2019
Rakesh Saha
Vs.
West Bengal Board of Secondary Education & Ors.
Mr. Rakesh Saha
... Petitioner (in person).
Mr. Supriyo Chattopadhyay
Mr. Pinaki Bhattacharya
... for the State.
Mr. Himadri Kr. Bandopadhyay
Mr. Anirban Sarkar
... for the WBBSE.
Mrs. Reshmi Ghosh
... for the Respondent No. 5(b).
The petitioner appearing in person is an Assistant Teacher of Gustia Kshetra Nath High School (H.S.), Barasat. The petitioner has brought a range of complaints against the Managing Committee of the school, its President and the Headmaster of the school. The petitioner submits that the Headmaster in collusion with the Managing Committee and its President is indulging in illegal acts to the detriment of the school, its staff and the students. Among the allegations made against the Headmaster is the misappropriation of funds from the computer and laboratory accounts of the school.
The petitioner submits that the school does not have a valid Managing Committee since 2016 and the constitution of the present Managing Committee is incomplete under Rule 10 of The Management of Sponsored Institutions (Secondary) Rules, 1972. Under Rule 10, the term of the office of the Committee shall be three years from the date of the first meeting of the Committee, provided that such term may be extended by the State Government. The petitioner seeks removal of the Headmaster and immediate implementation of the order passed by the Commissioner of School Education dated September 27, 2018.
Learned counsel for the State relies on Rule 25 of the 1972 Rules under which it has been provided, inter alia, that if the State Government is of the opinion from the report by the Director, that the Committee for the management of any sponsored institution has not been functioning properly, the State Government may supercede such Committee and 2 appoint an Administrator or an ad-hoc Committee to exercise the relevant powers and functions. Counsel hands up an order dated June 18, 2019 passed by the West Bengal Board of Secondary Education by which, inter alia, the disciplinary authority in compliance with the West Bengal Board of Secondary Education (Appointment, Confirmation, Conduct and Discipline of Teachers and Non-Teaching Staff) Rules, 2018, has suspended the Headmaster of the school with immediate effect.
Learned counsel appearing for the Headmaster relies on a communication from the Commissioner, Government of West Bengal to the Commissioner of School Education dated March 6, 2019 from which it appears that the term of the Committees of all sponsored institutions which have expired or will expire by March 31, 2019 shall be extended from the date on which the term has expired or is due to expire (under Rule 10 of the 1972 Rules) until March 31, 2020 or till new Committees are formed, whichever is earlier. Counsel denies the allegations made by the petitioner and submits that the Headmaster was constrained to enter the school premises on recent occasions for personal reasons. Counsel stresses on the extension of the Managing Committee of the school until March 2020 and submits that the school is running properly.
The Managing Committee of the school is represented.
I have heard learned counsel and the petitioner appearing in person. Without delving into the truth or falsity of the allegations made by the petitioner against the Headmaster, it should first be stated that a judgment was delivered by this court on April 26, 2019 on a writ petition filed by the Headmaster, upon consideration of which, the writ petition was dismissed. In the said writ petition, the Headmaster had prayed for setting aside of a show cause notice served on the Headmaster by the Board sometime in February 2019. This court has been informed that the Headmaster unsuccessfully challenged the judgment before a Division Bench of this court. Since this court had considered the matter, it should be clarified that the views expressed in the present writ petition are independent of the judgment.
The order of suspension of the Headmaster by the West Bengal Board of Secondary Education is the deciding factor in the present proceeding. If the Headmaster has been suspended with immediate effect from the date of the order and disciplinary proceedings are to commence against the Headmaster, there cannot be any reason for the Headmaster to continue to visit the school on any pretext or engage with the Managing Committee. 3 Although this writ petition was filed in May 2019, before the order of suspension was passed, the allegation that the Headmaster has been engaging with the administration of the school has not been disputed. It is made clear that the allegation of withdrawal of funds from the school account has not been gone into in the absence of any affidavit or documents being on record. The only other issue which remains to be decided, is the extension of the Managing Committee of the school until March 31, 2020 by the communication of the Commissioner dated March 6, 2019. This court finds substance in the contentions of learned counsel for the State that the said communication covers schools where there is already an existing Managing Committee which has been validly constituted under the 1972 Rules. In fact, the contents of the communication make this position clear and the same is set out below:-
"As it takes some time for formation of new Committee after nomination of President/ Person interested in Education. I am directed to inform that the terms of the Committees of all Sponsored Institution, mentioned above, which have expired or expiring by 31.03.2019 shall be extended/deem to have been extended, from the date on which they have expired or would expire, in terms of provision contained in Rule 10 of the Management of Sponsored Institutions (Secondary) Rules 31.03.2020 or till new Committee is formed, whichever is earlier."
In any event, whether the Managing Committee of the school can continue until March 31, 2020 is an issue independent of the removal of the Headmaster. Under Rule 25 of the 1972 Rules, the State Government is empowered to supersede the Managing Committee if it is satisfied with the report filed by the Director and may appoint an administrator to run the affairs of the school. From the documents it appears that the report of the Director (the present nomenclature being the Commissioner of School Education) in question is that of September 27, 2018 which, inter alia, directed the District Inspector of Schools to cause a spot enquiry for verifying certain allegations made against the Headmaster and the Managing Committee. The report clearly states that there has been a violation of Rule 10 of the 1972 Rules with regard to the representatives of the guardians and medical practitioner being co-opted in the Managing Committee. The report can be seen as the basis for superseding the Managing Committee and appointing an administrator to exercise the relevant powers and functions. It has been submitted that 4 higher secondary classes have commenced from today and the school needs restoration of a non-contention environment for the welfare of the students. A continuing tussle between the Headmaster/Managing Committee and the teachers is not conducive to smooth functioning of a school. The report of the Commissioner dated September 27, 2018 makes it clear that the break down of administration in the school needs to be rectified on an urgent basis.
In view of the above, this court finds that circumstances presently prevailing in the school call for appointment of an administrator under Rule 25 of the Rules for Management of Sponsored Institutions (Secondary) Rules, 1972 and the writ petition is accordingly allowed in terms of prayer (f) which is for an interim order for appointment of an administrator to take over the management and administration of the school.
To make this order effective, the concerned District Inspector of Schools (SE), Barasat (respondent no.4 herein) is directed to appoint a fit and proper person who is otherwise eligible to be appointed as Administrator. The Director/Commissioner, School Education is directed to vet such appointment and do all that is necessary so that the Administrator is appointed and can start performing his functions and duties from July 15, 2019.
The Director of School Education and the other concerned authorities will also consider whether the present Managing Committee of the school is required to be reconstituted and take expedient steps in that direction. The process should be completed within a period of three weeks from the date of communication of this order.
W.P. 9452 (W) of 2019 is disposed of on the basis of the above.
(Moushumi Bhattacharya, J.)