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1977 DIGILAW 272 (CAL)

Jadabendra Panda v. State of West Bengal

1977-08-04

MANAS NATH ROY

body1977
JUDGMENT The judgment of the Court was as follows :–– A Rule was obtained on June 8, 1977, at the instance of one Jadabendra Panda, said to be the headmaster of Majilapore Birendra Vidyapith. While issuing the Rule, no interim order of injunction was made. But by the present application, the petitioner has asked for appropriate interim orders restraining the respondents from giving effect or further effect to the impugned order dated May 24, 1977, whereby one Sudhir Chandra Das, an Ex-M.L.A. from Contai, was appointed as the Administrator of the School in place of the outgoing Ad-hoc Committee. Such appointment was made for six months. 2. Mr. Giri, appearing in support of the application, submitted that previously and on or about June 15, 1972, an order made by the West Bengal Board of Secondary Education, has been communicated through its Secretary, whereby the petitioner was informed that an Administrator was appointed. Such appointment of the Administrator, on objections being raised, was recalled and on July 25, 1975, a second Administrator was appointed for the School. Against such appointment, admittedly on July 25, 1975, Civil Rule No. 18679(W) of 1975 was obtained. The Rule admittedly was disposed of on June 28, 1976 by P. K. Banerjee J., and by the said order, his Lordship directed that all payments in respect of grant to teachers, including the headmaster will be made directly by the District Inspector of Schools concerned. It was also directed by his Lordship that the Administrator as appointed may hold the election in accordance with law, but he must not declare the results thereof or take any steps pursuant thereto until further orders from this Court. It was also directed that the Administrator should however make other payments of salary etc. of teachers including that of the headmaster in accordance with law. So far as the arrears of pay of the headmaster was concerned, it was observed by his Lordship that he will have the right to make representation, and on such representation being made, the same should be disposed of in accordance with law. 3. It has also been contended by Mr. So far as the arrears of pay of the headmaster was concerned, it was observed by his Lordship that he will have the right to make representation, and on such representation being made, the same should be disposed of in accordance with law. 3. It has also been contended by Mr. Giri that by the impugned order in annexure 'E' to the main petition, which is dated February 1, 1977, and whereby an Ad-hoc Committee has been appointed with said Sri Sudhir Das as the President, was improper and the same was made for the purpose of bye passing the impact and effect of the order as made by this Court. 4. That apart, Mr. Giri has also made a reference to an order in annexure 'G' to the main petition, which is dated May 24, 1977, and whereby the President of the West Bengal Board of Secondary Education, in terms of section 28(2) of the West Bengal Board of Secondary Education Act, 1963, has again directed the said Sri Sudhir Das to be appointed as the Administrator in place of the outgoing Ad-hoc Committee and as stated hereinbefore, for six months. The arguments as advanced by Mr. Giri and which have been recorded, hereinbefore, have also been made against this order in Annexure 'G'. 5. Mr. Mallick appearing in support of the Administrator, has first contended that on June 5, 1976, the Administrator has taken charge. This fact has of course been denied categorically by the learned Advocate appearing for the petitioner. Mr. Mullick further took a preliminary point that the petition at the instance of the headmaster of the institution and that too against the appointment of an Administrator, would not be maintainable. He submitted that the petitioner, if at all, has a legal right to have his appointment or to have his remunerations for the same, but that would not mean that he would have a right to challenge that appointment of an Administrator. It was also contended by Mr. Mallick that the headmaster viz., the petitioner in the instant case is a dismissed headmaster and in fact, he has not attended the School since February 3, 1977. Mr. Giri, on a reference to the records as produced, pointed out that because of some restrain or prohibitory orders, the petitioner has not been able to attend the School. Mallick that the headmaster viz., the petitioner in the instant case is a dismissed headmaster and in fact, he has not attended the School since February 3, 1977. Mr. Giri, on a reference to the records as produced, pointed out that because of some restrain or prohibitory orders, the petitioner has not been able to attend the School. But on the other hand, with reference to the other records, he submitted that in fact all correspondences have been made with the petitioner and as such he will have the right to maintain the present petition and that too for the purposes of protecting the dignity of this Court and more particularly the orders as made by P.K. Banerjee, J., particulars whereof have been mentioned hereinbefore. 6. Be that as it may, after hearing the parties, I am of the view that in the facts of the present case, the headmaster may not have any right to maintain the petition and he may be entitled only to have his employment and corresponding remuneration secured. I am of course not making a final determination on the question of maintainability in this interlocutory proceeding and I am making this determination on the question of expected qualifications of a person sought to be appointed as an Administrator of a school, although I am conscious of the fact that no restriction is there on educational qualifications. But that would not mean that the Board or its President would appoint persons as Administrators for educational institutions indiscriminately and on total non-application of mind and in fact without at all applying their mind and when such fact has been brought to the knowledge or notice of the court, this court should interfere and see that the system of education or the affairs of a school is not kept in the hands of or left with persons who have no or little educational qualification. 7. The Administrator, in the instant case, I am informed by Mr. Mallick, is a Social Worker and he is a non-matriculate. Such social workers may have something to do in the capacity of such a social worker in fields apart from education. In view of the circumstances prevailing now, they may or will have many more things to do. 7. The Administrator, in the instant case, I am informed by Mr. Mallick, is a Social Worker and he is a non-matriculate. Such social workers may have something to do in the capacity of such a social worker in fields apart from education. In view of the circumstances prevailing now, they may or will have many more things to do. It would be better if such Social Workers with the type or standard of educational qualifications, as of the Administrator in the instant case, are engaged for necessary social works other than education. If persons having such educational qualifications like the present Administrator, are appointed Administrators for educational institutions, then such appointments would not certainly work well, the teachers having higher educational qualifications than him may become dissatisfied, which would ultimately have an adverse effect on the education of students and that would not certainly be good or congenial for the institution or the society. I hope, considering the aspects as above, and the days of uncertainty and problems in the field of education, the need of social workers in other spheres of the society, the Board of Secondary Education and its authorities should make appropriate appointments for appropriate occasions and they would serve the purposes and the present day need of the society well, by making necessary appointments of Administrators by keeping the above view in mind. Since I am of the view that the qualifications of the Administrator, as appointed in this case, are not enough for administering a school, but they may be good for other social works, the appointment of the Respondent No.6 (Shri Sudhir Chandra Das), should not be given effect to and the Board and its authorities are directed to make a fresh appointment of an Administrator for the School in question. Education, in my view, must not be left in the hands of such persons, who do not have the requisite educational qualifications to run an educational institution. 8. The application is thus disposed of. It will be highly appreciated if the appointment of the new Administrator be made within two months and immediately on such appointment the newly appointed Administrator is directed to take appropriate steps for the purpose of holding the election in terms of the determinations as made by P.K. Banerjee, J. There will be no order for costs.