JUDGMENT Banerjee, J. : This is an appeal against an order passed by the learned trial Judge, dated December 29, 1992. The said order was stated to have been passed by consent of parties. 2. When admittedly no copy of the writ application was served upon the respondents Nos. 2 to 13 it appears that the writ application was disposed of alleging by consent of parties on the very date the writ application was moved. It also appears that one Mr. Arabinda Roy, learned Advocate appeared for the State, but from the records of the Court below there is no such vokalatnama or power filed by the. State-respondents authorising said Mr. Arabinda Roy to appear before the Court for the State. 3. Before us the learned Advocate for the State submitted that the Education Secretary and/or any other officer of the State who are the parties in the writ application were not aware of such consent being given by the said Mr. Arabinda Roy, learned Advocate who appeared for the State before the trial Court without any authority. On the last occasion Mr. Roy appeared before us and could not explain how and under what circumstances he had given consent when he was not authorised and/or competence on behalf of the State to give such consent. 4. This appeal was preferred by one Gouri Shankar Singh and 15 others who were not parties in the writ application and who were seriously and vitally affected by the order passed by the learned trial Judge. It appears that four teachers who services were terminated and ultimately preferred appeal before the Appeal Committee to the Board in accordance with the provision of the West Bengal Board of Secondary Education Act and the Rules framed thereunder and who were reinstated by the Appeal Committee of the Board were not parties to the writ application, but the order of the Appeal Committee of the Board reinstating them was set aside by the learned trial Judge. The order of the Appeal Committee was set aside when none of them were parties to the writ application. It appears that the writ application was moved before the learned trial Judge when the respondents Nos. 14 and 15 appeared through their learned Counsel and consented to the order passed by the learned trial Judge. The order of the Appeal Committee was set aside when none of them were parties to the writ application. It appears that the writ application was moved before the learned trial Judge when the respondents Nos. 14 and 15 appeared through their learned Counsel and consented to the order passed by the learned trial Judge. The interesting feature of the order which was obtained from the Court below was that all the criminal cases that were started for defalcation of about Rs. 70 lakh of school money were quashed by the following order : "............False cases started against, the Secretary, Managing Committee and staff of the school are not maintainable and GR 2812 of 1990 is also quashed". By the said order the decision of the Managing Committee was also quashed. The said consent order was passed behind the back and without the knowledge of the Appeal Committee of the Board and the teachers concerned. It may be pertinent to mention that in the writ application the validity and/or legality of the decision of the Appeal Committee was not under challenge. There was no prayer in that behalf and also there was no prayer in the writ application for quashing the criminal cases. 5. Mr. Mukul Prokash Banerjee, learned Counsel appearing on behalf of the respondent Nos. 14 and 15 took a preliminary objection as to the maintainability of this appeal on the ground that the order was passed by consent of parties and no appeal lies against an order passed by consent. 6. Against the order of tile learned trial Judge an appeal was preferred and in the appeal we stayed the operation of the order passed by the learned trial Judge, by the order, dated April 1, 1993. Against the said order dated April 1, 1993 a Special Leave petition was filed by Bejoy Bahadur Singh and others who were respondents Nos. 14 and 15 in the Court below and also respondents in this appeal. In the said Special Leave Petition one of the questions of law of general public importance was raised as to ‘whether a Division Bench of High Court at Calcutta was justified in staying the order of the learned trial Judge of the said High Court at the instance of a third party as the order of the learned trial Judge was a consented order.' 7. The Supreme Court of India initially passed an order of stay, but after hearing the parties the Supreme Court passed the following order : "......... On account of the several orders made in several proceedings, the administration of the institutions as well as the rights and obligations of the parties are in a state of flux. It is appropriate for the Division Bench which is in seisin of F.M.A.T. No. 854 of 1993 to dispose of that appeal along with all applications for incidental reliefs most expeditiously. The Division Bench will also consider whether it is necessary and appropriate that all the pending matters relating to the said institutions should be consolidated, dealt with and disposed of together so that there may be finality to the on-going controversies in relation to the institutions. The order made on 15th April, 1993 is vacated. Till the aforesaid F.M.A.T. No. 854 of 1993 is disposed of, status quo obtaining immediately prior to 1st April, 1993 shall be maintained. We request the High Court to consider whether the matters could be disposed of within a month from the date of receipt of this order. The petition for special leave is disposed of accordingly." 8. This appeal was preferred by the appellants who were admittedly not parties in the writ application filed by the writ petitioners-respondents which was stated to have been disposed of by consent. As the order of reinstatement passed by the Appeal Committee of the Board in their favour was set aside by the impugned order passed by the learned trial Judge, we had granted leave to profer this appeal as we were of the view that the appellants were the persons aggrieved and affected by the order that was passed by the learned trial Judge. Further Mr. Banerjee, learned Counsel appearing for the respondents Nos. 14 and 15 submitted that the order which was passed by consent is not a judgment within the meaning of Clause 15 of the Letters Patent. Irrespective of Letters Patent no appeal lies against an order passed by consent. Now the question is whether in the instant case and in the facts and circumstances of the case it could be said that the said order was really passed by consent. The writ application was disposed of on the very date it was moved when the respondents Nos. Now the question is whether in the instant case and in the facts and circumstances of the case it could be said that the said order was really passed by consent. The writ application was disposed of on the very date it was moved when the respondents Nos. 14 and 15 appeared and they might have given consent. But, the other parties were not served and the Court below had no occasion to serve notice and the other parties had no occasion to know the contents of the writ application and the purport of the order which was sought to have passed by consent. All the vitally interested parties were kept out of picture and that in this way the said order was obtained. 9. It may be pointed out that several litigations were filed and still pending concerning the administration of the said school and in this connection we are of the view that K. M. Yusuf, J. (as His Lordship then was) had rightly observed in his judgment, dated March 20, 1992 in one of the writ application concerning the administration of the school that 'the said Institution had become a wonderful playground for the Managing Committee members and the teaching and non-teaching staff with the students and their educational career as the ball serving the purpose of football. Hostile groups were at battle array withdrawn swords to play one another bidding hell to the students'. 10. A short and brief history of some of the litigations concerning this school which had a serious impact in this matter is set out below : In 1990 one Dinanath Shaw and 60 other persons moved a writ application being Civil Order No. 10838 (W) of 1990 with various prayers including appointment of an Ad-hoc Committee or Administrator for running the administration of Gouripur Hindi High School at Garifa as there was no validly elected Managing Committee in charge of administration of the said school. It appears that Vijay Bahadur Singh, the respondent No. 16 herein, the then Secretary wanted to hold election of Boys' and Girls' School on March 3 and March 10, 1991. It appears that Vijay Bahadur Singh, the respondent No. 16 herein, the then Secretary wanted to hold election of Boys' and Girls' School on March 3 and March 10, 1991. The said attempt to hold election was the subject-matter of the writ application before this Court whereupon Mahitosh Majumdar, J. (as His Lordship then was) directed the parties to stay their hands excepting that payment of salaries and allowances to be made to the approved staff by the District Inspector of Schools concerned after proper verification from the Managing Committee in view of the allegations made that there were ghost teachers against whose names salaries were drawn from the public exchequer. On March 21, 1991 Mahitosh Majumdar, J. (as His Lordship then was) after a contested hearing was pleased to appoint Mr. Ashoke Ganguly and Mr. Bikash Bhattacharyya, learned Advocates of this Court as Special Officers of Gouripur High School for managing the affairs of the said school and His Lordship was pleased to direct to conduct an enquiry into the affairs of the said school and also investigate into the complaints without any hindrance and obstruction. The Special Officers were also directed to have due regard to the directions given by this Court. 11. Against the said order dated March 21, 1991 an appeal was preferred by Vijay Bahadur Singh being F.M.A.T. No. 1206 of 1991 and an application for stay was also filed. On April 19, 1991 Mr. Bikash Ranjan Neogi, submitted a report to this Court. On May 18, 1991 one Om Prakash Choubey wrote to the Special Officer through the teacher-in-Charge that he was absent from the school from January 9, 1991 to May 16, 1991 due to some unavoidable circumstances. He came to the school on May 18, 1991 and wanted to join, but the teacher-in-charge expressed his inability to allow him to join and suggested that he should write to the Special Officer. 12. On May 27, 1991 the said Om Prakash Choubey, officiating Head Master affirmed an affidavit-in-opposition in the application for stay in F.M.AT. No. 1206 of 1991 inter alia stating that he did not conduct any election for reconstitution of the Managing Committee and he did not summit any Paper in connection with the alleged election. 13. 12. On May 27, 1991 the said Om Prakash Choubey, officiating Head Master affirmed an affidavit-in-opposition in the application for stay in F.M.AT. No. 1206 of 1991 inter alia stating that he did not conduct any election for reconstitution of the Managing Committee and he did not summit any Paper in connection with the alleged election. 13. By the order dated May 30, 1991 a Division Bench of this Court before whom the said appeal being F.M.A.T. No. 1206 of 1991 came up for hearing did not interfere with the order passed by the learned trial Judge, dated March 21, 1991. Only liberty was granted to approach the learned trial Judge. 14. On July 12, 1991 four staff who are the appellants Nos. 13, 14, 15 and 16 filed appeals before the Appeal Committee of the Board of Secondary Education against illegal orders of dismissal. The said appeals were allowed by the Appeal Committee. The Board of Secondary Education communicated the said order to Mr. Bikash Ranjan Neogy, the then Special Officer by the communication made on July 13, 1991. Admittedly, on August 5 to August 16, 1991 the said four staff joined the school and started functioning. 15. On December 24, 1991, although the order dated March 21, 1991 passed by Mahitosh Majumdar, J. ( as His Lordship then was) was in operation some persons including Vijay Bahadur Singh moved a writ application ex parte being C. O. No. 15489(W) of 1991 before K. M. Yusuf, J. (as His Lordship then was ) and obtained an interim order directing the respondents to allow the Managing Committee to function and manage the affairs of the school till Government nominee is placed and to allow the Managing Committee to make payment. On January 15, 1991 the said interim order was extended by the learned trial Judge. 16. It was alleged in the said writ application that election from Guardian's category and staff were held on March 2, 1991 and February 23, 1991 respectively which was not a fact. Mr. B. R. Neogi, Special Officer in his report said that no election was held. 17. On February 17, 1991, 102 guardians, functioning teacher-in-charge and 17 teachers and non-teaching staff wrote to the District Inspector of Schools concerned that no election was held and requested him not to place the Government nominee. Mr. B. R. Neogi, Special Officer in his report said that no election was held. 17. On February 17, 1991, 102 guardians, functioning teacher-in-charge and 17 teachers and non-teaching staff wrote to the District Inspector of Schools concerned that no election was held and requested him not to place the Government nominee. An application for recalling the orders dated December 12, 1991 and January 15, 1991 were made by the State of West Bengal and the Director of School Education in, C. O. No. 15489 (W) of 1991. Several teachers and non-teaching staff also filed application for being added in C. O. No 15489 (W) of 1991. 18. Several parties were added in the said writ application. On February 26, 1992 all the aforesaid applications were taken up for hearing by Mahitosh Majumdar, J. (as his Lordship then was). Objection as regards jurisdiction was raised and His Lordship wanted to refer the matter to the learned Chief Justice for assignment at that stage. But, the learned trial Judge unfortunately suddenly expired. 19. On March 20, 1992 the present writ petitioners moved a writ application before K. M. Yusuf, J. (as His Lordship then was) and His Lordship after a contested hearing was pleased to direct the Board of Secondary Education to appoint forthwith an Ad-hoc committee to take over the Management of the said school. In the said order His Lordship had made certain caustic remarks against the writ petitioners therein and observed that the order was obtained from this Court by suppressing and/or withholding material facts and the Court passed such order with ignorance of it. Pursuant to the said order the President of the Board appointed an Ad-hoc Committee with seven persons for taking charge of the said school. 20. Against the said order Vijay Bahadur Singh and Anirudh Rao, the respondents Nos. 16 and 17 in the instant appeal preferred an appeal being F. M. A. T. No. 895 of 1992 and an application for stay was also filed. Ultimately the said appeal came up for hearing before. The Hon'ble Chief Justice N. P. Singh (As His Lordship then was) and Tarun Chatterjee, J. and on April 1, 1992 the said appeal was disposed of by directing the President of the Board to appoint an Administrator for the purpose of running the administration of the said school which was lying in vaccum. The Hon'ble Chief Justice N. P. Singh (As His Lordship then was) and Tarun Chatterjee, J. and on April 1, 1992 the said appeal was disposed of by directing the President of the Board to appoint an Administrator for the purpose of running the administration of the said school which was lying in vaccum. Pursuant to the said order the President of the Board appointed the Sub-Divisional Officer, Barrackpore to act as an, Administrator of the said school by an order dated April 6, 1992. Before the said Division Bench Vijay Bahadur Singh and others filed an application for changing the Administrator. But the said Division Bench did not allow the said prayer and on the contrary on, May 4, 1992 passed an order that if they had any grievance they should file an application before the President of the Board. The Sub Divisional Officer, Barrackpore took charge of the school as Administrator in, pursuance to the direction given by the Division Bench of this Court and paid salaries to the teaching and non-teaching staff of the said school from April 1992 to January 1993. 21. Thereafter an application under Article 226 of the Constitution of India was moved before a learned Single Judge of this Court by two persons alleging to be the Assistant Teachers of the said school. In that writ application a prayer was made for replacement of the Sub-Divisional Officer, Barrackpore, who was appointed as an Administrator by the Board, in terms of the order passed by a Division Bench of this Court. The learned trial Judge by the order dated September 3, 1992 passed an ad-interim order of injunction restraining the Sub-Divisional Officer concerned from functioning as an Administrator of the said school. An appeal was preferred against that order, dated September 3, 1992 before a Division Bench of which one of us was a party and the said Division Bench by an order dated September 22, 1992 passed an order staying the operation of the order dated September 3, 1992 of the learned trial Judge inasmuch as the said order of the learned trial Judge was passed in a manner which was in fact nullified the earlier order passed by a Division Bench of this Court presided over by the then Chief Justice N. P. Singh, J. with Tarun Chatterjee, J. dated April 1, 1992. 22. 22. During the last X-mas Vacation a writ application was moved ex parte on December 29, 1992 by Ajoy Kumar Singh claiming to be the Assistant Teacher of Gouripur High School praying for a direction to allow 21 approved teachers who have been prevented to resume their duties and to allow them to join and discharge their duties and also to make payment as also directing them to place the departmental nominee or to function the Managing Committee without nominee holding the meeting for election of persons interested in education and office bearers and to make payment to the approved staff. A further prayer was made directing the outsiders not to enter into the school and also those who had no valid appointment issued by the Managing Committee of the school. On the aforesaid writ application and on the above prayers the following order was passed : "Heard the learned Advocate for the petitioners and the learned Advocates for the respondents. By consent of the Parties the following order is passed : The officiating Headmaster is directed to finalise the result of Madhyamik Test Examination and to the needful in the matter Pending decision of the Managing Committee. Till the election of office bearers of the school, the officiating Headmaster and senior Teacher's representative Sri Ramballay Bhattacharyya will make the payment of the staff of the school. The approved teachers prevented by outsiders are directed to report to the officiating Headmaster Sri Anirudh Rao and resume their duties. Dues payment of Ajoy Kumar Singh, Ajai Singh and Binod Kumar Singh, all Assistant Teachers working in the school be made within four weeks and month by month payment should also be made as usual. The records of the office of the District Inspector of Schools ( S. E. ), North 24-Parganas should be verified with original certificate of the said individual and necessary correction be made in their records. The pay scale of Ajay Kumar Singh and Ajai Singh which has been reduced be restored and they should be pail all dues within fortnight. The outsiders who have not been appointed by the Managing Committee of the schools are not entitled to enter into the school premises. The pay scale of Ajay Kumar Singh and Ajai Singh which has been reduced be restored and they should be pail all dues within fortnight. The outsiders who have not been appointed by the Managing Committee of the schools are not entitled to enter into the school premises. The decision of the Appeal Committee of the Board taken without hearing the Secretary of the school in case of Deonath Yadav, Hansa Singh, Kashi Nath Shah and Krishnananda Tewari, Memo No. 8223/G/1, dated July 31, 1991 is quashed. False cases started against the Secretary, Managing Committee and staff of the school are not maintainable and C. R. No. 2812 is also quashed. The panel of the Headmaster in which candidate No.1 officiating Headmaster, M.A.P.G.D.E. (treating equivalent to B.Ed )LL.B be approved within 7 days failing which the candidate No.1 officiating Headmaster be appointed as Headmaster of the school and approval as well as payment should be given to him within a month. The Sub-Divisional Education Officer and Assistant Inspector of Schools (S.E.) Sri S. S. Pyara of Barrackpore is deemed to be the Departmental Nominee to the reconstituted Managing Committee of Gouripur Hindi High School (Higher Secondary) and also constituted Managing Committee of Gouripur Hindi High School for Girls. The Officiating Headmaster Sri Anirudh Rao is directed to convene the meeting of the election of person interested in education category member and office bearers election according to the rules. As soon as the election of office bearers arc complete, the Administrator and the teacher-in-charge is ceased to function with immediate effect and the Managing Committee will start functioning as usual and make payment of the staff of the school. The Branch Manager, State Bank of India, Naihati Branch is directed to act accordingly. The State respondents are restrained from interfering with the function of the Managing Committee. The District Inspector of Schools (S.E), North 24-Parganas is directed to release the grant-in-aid for payment of arrear, due salary and current salary and current salary as per requisition of the school and Secretary will make payment to all approved staff of the school as they are entitled. The Ex-teacher-in Charge Sri Golab Prosad, Sri Gouri Shankar Singh, Sri Jaydeb Thakur of Primary Section. The Ex-teacher-in Charge Sri Golab Prosad, Sri Gouri Shankar Singh, Sri Jaydeb Thakur of Primary Section. Boys, Smt. Tara Roy, Primary Section, Girls, should submit the accounts of the school of their period within a week to the said Secretary of the school, failing which the Secretary of the school will take legal step in the matter forthwith. The Secretary of the said school is also directed to complete the service book of approved teachers of the school within two months failing which he should state the reasons and intimate the same to the individual teachers and all grievances of the teachers, if any, should be heard and decided by him according to law within a period of fortnight of the application. The police authorities and the Officer-in-Charge, Naihati Police Station are directed to post a police picket at the school gate and assist the managing committee and the officiating Headmaster of the school. The matter is disposed of on the above terms and there is no order as to costs". 23. The effect of the above order was that the Sub-Divisional Officer who was appointed as an Administrator by the Board pursuant to the order passed by a Division Bench of this Court, dated April 1, 1992 stands set aside. The order passed by the Division Bench on September 22, 1992 in F.M.A.T. No. 2997 of 1992 was also stand set aside. Several criminal cases which were started for defalcation of approximately Rs. 71 lakhs also stood quashed. The order of reinstatement of four teachers who were reinstated by the Appeal Committee of the Board was set aside behind the back and without knowledge of four teachers as well as the Ad-hoc Committee of the Board and that the entire administration of the said school was sought to be taken over by Vijoy Bahadur Singh who was the main architect of the whole show. Countless writ applications and a good number or appeals are pending before this Court for taking over the management of the said school. There are serious allegations of existence of ghost teachers. There are allegations of defalcation for which criminal cases were started. Countless writ applications and a good number or appeals are pending before this Court for taking over the management of the said school. There are serious allegations of existence of ghost teachers. There are allegations of defalcation for which criminal cases were started. All these things were sought to be set aside by the order which was branded as a consent order, which, in our view, cannot be said to be a consent order, but a clear case of practising fraud upon the Court and the gross abuse of process of the Court in moving the writ application and in obtaining an interim order suppressing the material facts. 24. It is our duty to protect and not to destruct the educational Institutions. Interested parties may be interested in private affairs for the purpose of making unjust enrichment and such state of affairs has brought to such an extent that it cannot be said that it is really a school, but a breeding ground of litigation. If it is allowed to continue, in that event an educational institution will come to an end. 25. This case discloses a horrible state of affairs and we have never come across such a state of affairs in any educational institution in this State. At the sacrifice of truth statements were made in reckless manner for the purpose of personal gain at the cost of the students and public. This cannot be continued any longer. We are clearly on the view that the writ petitioners moved the writ petition with designed manner and ultimate motive and they were successful in getting a purported consent order which cannot be termed as a consent order. If it is termed as a consent order, in that event justice will come to an end. We make it clear that the Education Department of the Government of West Bengal should look into the affairs of the Institution and the State authorities including the Board and the S.D.O. concerned are directed to see that the criminal cases which had been started are properly conducted as to bring the offenders to justice and punish them by in accordance with the provisions of law. The Administrator should take immediate steps to find out the ghost teachers and submit a report to the District Inspector of Schools concerned, who will take immediate action deleting those names from the pay roll and the Government should not pay any salary from the public exchequer in respect of such ghost teachers and any unlawful teacher. Public money should not be wanted in such a manner. 26. Accordingly, the considering the facts and circumstances of the case we have no option but to set aside the order passed by the learned trial Judge before whom it was falsely represented that the parties agreed to a consent order suppressing the fact that no copy of the writ application was served upon the respondents Nos. 2 to 13 and on the very date the writ application was filed the writ petitioners in connivance with respondents Nos. 14 and 15 get the order from the learned trial Judge under the cover 'consent order'. Accordingly, this appeal is allowed. The order passed by the learned trial Judge, dated December 29, 1992 during the X-mas Vacation, when there was no urgency involved in this matter, is set aside. All the Bank accounts of the school should be operated only by the Sub Divisional Officer, Barrackpore who shall resume charge by tomorrow as an Administrator of the said school and shall make payment to the teachers who are approved and bona fide teachers and non-teaching staff of the school. He should only draw the money from the Government. No other person would be authorised to do anything or deal with any of the accounts and papers and anything concerning the said school save and except the Sub-Divisional Officer, Barrackpore who was appointed as an Administrator of the said school. 27. Before we part with we also feel that it is our bounded duty to put to an end the horrible state of affairs which are continuing in the said school for more than one decade. Accordingly, we direct the Administrator to take immediate steps for reconstitution of the Managing Committee of the school in accordance with the rules formed by the Board and he should take steps to conclude the election as early as possible preferably within six months from the date and after holding the election shall make over the management to the newly elected Managing Committee. The said Vijay Bahadur Singh is directed to make over all the papers and documents in which he is in possession to the Sub-Divisional Officer, Barrackpore immediately on taking receipts therefor. The said Vijay Bahadur Singh shall also render accounts in respect of receipt and payment during the period when he was in charge of the school on the strength of the order passed by the learned trial Judge appealed against and he shall not perform any duty in the said school from this day. 28. There will be, however, no order as to costs. 29. The learned Advocate who accorded a consent on behalf of the State without any authority must be watchful and careful in future litigation that he must not appear without proper authority and instruction from the party for whom he was appearing. But considering the length of practice and the age of the said learned Advocate Mr. Arabinda, Roy, no steps should be taken against him for lapses made in this case. 30. All the parties including the Sub-Divisional Officer, Barrackpore, who was appointed as an Administrator of the said school shall act on the basis of the communication of the learned Advocate concerned. Let a xeroxed copy of the above order be given to the parties on the usual undertaking. Bhattacharyya, J. : I agree.