40. The learned Single Judge, however, said in his judgment that the Division Bench in P. Jash (supra) was dealing with a different set of facts, the learned Judge is no doubt right in this respect that the Division Bench of this Court was not dealing with an identical facts as to the present one but the position of law as pronounced by the Division Bench in the said decision makes it abundantly clear that a society not being a registered one under the Act or Acts cannot claim its If gal existence nor the members of such an unregistered society can claim any right to hold or acquire properties both movable and immovable let alone any official of such society be he, the Secretary, the President or anybody else.
In the Division Bench Judgment in the case of Panchanan Mondal and Ors. (supra) it has been observed also that the President of the Board exercising his jurisdiction under Section 28(2) and Rule 8 of the Management Rules is required to comply conditions precedent viz. reports as regards mismanagement of the affairs of the school and on the compliance of the principle of natural justice. In my view, only by saying that as emergency existed the President exercised power under Section 28(2) is not sufficient inasmuch as emergency is to be established, proved and/or disclosed.
2. The learned counsel for the petitioners has submitted before this Court that Girls section of the Institution is a part and parcel of the original Institution on which an appeal is pending. Both cannot be separated from
each other. The order to be passed by the Appeal Court will be binding both the boys and girls section of the Institution. But he is not eager to make any submission in respect of the appeal nor he can do so. He is, by making this writ petition, eager to submit that under this circumstances no order for appointment of an Administrator can be given effect to without any opportunity of hearing by the Board prejudging the issue whether the
Institution is linguistic Institution or not Above all, by virtue of a Division Bench Judgment of this Court (Panchanan Mondal and Ors. v. West Bengal Board of Secondary Education and Ors.), two pre-conditions are to be fulfilled as conditions prescribed for the purpose of an appointment of Administrator which are as follows:
The principles of law laid down in the Sachi Nath Ghosh and Ors. (supra) and Panchanan Mondal (supra) relied on by the petitioner are squarely applicable to the facts and circumstances of the case.
A Division Bench of this Court comprising of
Satyabrata Sinha, J. and Satya Narayan Chakrabarty,
J. considered the aforesaid issue in the case of
Panchanan Mondal & Ors. VS. West Bengal Board
of Secondary Education & Ors., reported in A.I.R.
1996 Calcutta 240 wherein Their Lordships
specifically held:
A question as to whether the President of the Board in exercise of his jurisdiction
under section 28(2) of the West Bengal Board of Secondary Education Act can supersede the
Managing Committee of a school without following the provisions contained in Rule 8 of the
Management Rules, was considered by the Division Bench of this Hon'ble court in the case of
Panchanan Mondal and others vs. West Bengal Board of Secondary Education and others reported in
A.I.R. 1996 Calcutta 240, wherein it was held as follows :