Calcutta High Court (Appellete Side)
Archana Choudhury & Ors vs State & Ors on 25 February, 2014
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
110 25.2.14 W.P.37200(W)of 2013
ARCHANA CHOUDHURY & ORS. VS. STATE & ORS.
Mr. Amit Prokash Lahiri
.. for the petitioner
Mr. Tapan Mukherjee
Mr. Nilotpal Chatterjee
..for the State
Mr. Siddhartha Banerjee
Ms. Somali Mukherjee
..for the respdt. 7
None appears on behalf of the respondent
nos.5,5A and 6 in spite of service of a copy the writ application upon them. Let the affidavit of service be kept on record.
Since a point of law is involved in this writ application can be decided on the basis of the materials available on record the matter is taken up for hearing.
This writ application is directed against a resolution adopted in the meeting of Siksha Sthayee Samity of the respondent no.5A as communicated by the Karma Daksha of the above samity under its memo no.774/PZP dated December 2, 2013 (at page 36 of the writ application) as also an order passed by the respondent no.3 under its memo no. 1393 dated December 10, 2013.
This writ application is filed by 9(nine) teaching and non-teaching staff of Joypur Girls High School (H.S), District Purulia.
By virtue of the impugned communication dated December 2, 2013, the resolution adopted by the Siksha Sthayee Samity of Purulia Zilla Parishad was communicated to the respondent no.3 for assigning the charge of teacher in charge of the above school to the respondent no.7. By virtue of the impugned order dated December 10, 2013, the respondent no.3 assigned the charge of the office of the teacher in charge of the above school to the respondent no.7.
According to the petitioner, the school under reference is a Non Government Aided Educational Institution. In accordance with the provisions West Bengal Board of secondary Education Act, 1963, the managing committee of the above institution is the authority to take any decision with regard to the assignment of the charge of teacher in charge to a teaching staff of the school subject to approval of the respondent no.3. According to the petitioner, the above procedure was not followed in assigning the charge of the teacher in charge of the above school to the respondent no.7. To the contrary, the above assignment to the respondent no.7 was made on the basis of a decision adopted by the Siksha Sthayee Samity of Purulia Zilla Parishad without its jurisdiction.
It is submitted by Mr. Tapan Kr. Mukherjee, learned Additional Government Pleader, High Court, Calcutta that Article 243G of the Constitution of India read with entry 17 of the Eleventh Schedule authorizes the legislature of State, subject to the provisions, of the Constitution of India to endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of power and responsibilities upon the Panchayat at the appropriate level. According to Mr. Mukherjee entry 17 of eleventh schedule relates to education (primary and secondary schools).
Having heard the leaned Counsel appearing for the respective parties as also after considering the fact and circumstances of this case, I find that admittedly in accordance with the provisions of West Bengal Board of Secondary Education Act, 1963, a managing committee is empowered to take a decision in the matter under reference subject to approval of the concerned District Inspector of Schools. For considering the substance of submissions of Mr. Mukherjee, the Article 243G is quoted below :
"243G. Powers, authority and responsibilities of Panchayats - subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to -
(a)the preparation of plans for economic development and social justice;
(b)the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule."
Entry 17 of the Eleventh Schedule is also quoted below :
"17. Education, including primary and secondary schools."
After considering the aforesaid provisions, I find that the State Legislature has been empowered to endow the power and authority of Panchayat relating to education including primary and secondary school. No material is produced before this Court to show that the power of taking a decision with regard to the assignment of charge of teacher in charge of a Non Government Educational Institutions is vested to the Zilla Parishad in exercise of the above power. Further, it cannot be the intention of the Parliament to authorize the Panchayats to discharge the function of the managing committee of a Non-Government Aided Educational Institution.
Let it be furthered made clear that at the cost of repetition that in spite of notice upon the respondent nos. 5,5A and 6 none appeared before this Court today.In view of the above, the allegations made against them remain uncontroverted.
In view of the discussions and observations made hereinabove, I find that the respondent no.5A acted without jurisdiction in recommending the respondent no.7 for assignment of the responsibilities of the teacher in charge of the school under reference by adopting impugned resolution. The action of the respondent no.3 on the basis of the above resolution therefore cannot be sustained in law.
The impugned resolution as communicated by the Panchayat Samity under its memo no.774/PZP dated December 2, 2013 and the impugned order of the respondent no.3 passed under memo no. 1393 dated December 10, 2013 are quashed and set aside.
This writ application stands disposed of. There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Debasish Kar Gupta,J)