Calcutta High Court (Appellete Side)
Pg (Ashok Kumar Sarkar & Anr vs The State Of West on 9 June, 2015
Author: Dipankar Datta
Bench: Dipankar Datta
1 49 09.06.2015
W.P.11574(W) of 2015 pg (Ashok Kumar Sarkar & Anr. vs. The State of West Bengal & Ors.) Mr. Shamim ul Bari...............for the petitioners The petitioners are teaching and non-teaching staff of Maraikura Indramohan Vidyabhaban (H.S.), District-Uttar Dinajpur, a sponsored institution governed by the Management of Sponsored Institutions (Secondary) Rules, 1972 (hereafter the '1972 Rules'). In terms of rule 5 of the 1972 Rules, the managing committee of a sponsored institution, inter alia, ought to comprise of three representatives of the teachers of the institution to be elected in the manner prescribed in rule 6 thereof and one representative of the whole time non- teaching staff is to be elected according to the manner and procedure laid down in the Management of Non- Government Institution (Aided & Unaided) Rules, 1969 (hereafter the '1969 Rules'). Rule 6 is also to the same effect i.e. the representatives of the teachers shall be elected to the committee in the same manner and according to the same procedure laid down in the 1969 Rules.
According to the petitioners, the election is not being conducted in terms of the procedure laid down in the 1969 Rules.
Having heard Mr. Bari, learned advocate for 2 the petitioners, I am not inclined to interfere.
Although the 1969 Rules lay down provisions with regard to the composition of the managing committee of an institution other than that sponsored by the State Government (rule 6) and manner of formation of the committee (rule 6A), rule 9 lays down that the procedure of election under rules 6 and 6A shall be laid down by the West Bengal Board of Secondary Education (hereafter the 'Board'). In exercise of such power, the Board has laid down procedure for holding elections.
Once it is laid down in rule 5(ix) and (viii) read with rule 6 of the 1972 Rules that the procedure laid down in the 1969 Rules would be followed for the purpose of election of representatives of the teachers and the whole time non-teaching staff, it stands to reason that the procedure for raising election dispute and having such dispute resolved by the President of the Board, as laid down in clause 34 of the procedure, would apply mutatis mutandis to any process relating to elections of the representatives of the teachers and the non-teaching staff of a sponsored institution.
Since the petitioners have not availed the remedy under clause 34 of the procedure for holding elections, this writ petition stands dismissed, without any order for costs.
However, liberty of the petitioners to take recourse to the remedy available under clause 34 of the 3 procedure is reserved.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.
(DIPANKAR DATTA,J.)