Secretary Ramkrishna Mission Ashram Baranagar v. STATE OF WEST BENGAL
1999-04-13
AMITAVA LALA
body1999
DigiLaw.ai
JUDGMENT 1. RAMKRISHNA Mission, a well-known organisation have their own culture and style of education. State has its own law as regards to the administration of Government aided primary, junior, basic and secondary institutions. The Ramkrishna Ashram, Baranagar, and the Ramkrishna Boys Home, rahara, are the part and parcel of cultural and educational system of Ramkrishna mission. On the other hand, Primary School Council is a State instrumentality made for the purpose of implementation of the law. 2. SCHOOLS wanted to take monk teachers to develop their values when State inducted non-monk teachers to give effect of the law. There the dispute lies. But law is static to the extent that there is no scope of special constitution in respect of primary and junior basic Governmental grant aided institutions but are available for the secondary institutions alone. Court cannot proceed de-hors the law. 3. THEN I thought about a solution and found Governmental aid is the basic criteria for solving the problem. Accordingly on 19 February 1999 under an order I made a suggestion to the concerned council to obtain instruction from the authorities as to whether they will give sanction to the Mission to take teachers from the monks of the Mission alone if they give up their financial sanction provided by the State of course with further proviso that in such case the teachers appointed from non-monks category will be withdrawn by the council or not. 4. THEREAFTER the counsel came forward with an instruction accepting the suggestion of the Court by the authorities as well as from the concerned Minister-in-charge. Let a photo copy of the instruction be kept with the record. Under the circumstances, the State cannot have separate acceptable submission. Hence their affidavit-in-opposition be kept with the record upon observing that the allegations made in the petition are not admitted by them. 5. THEREFORE, let all 23 teachers in the Ramkrishna Mission Boys' Home junior Basic School, Rahara, Units 1, II, III, IV and V as also all the teachers in primary and junior basic Unit I and II school of the Baranagar Ramkrishna Mission be withdrawn by the concerned authority namely North 24-Parganas District primary School Council, Barasat, as early as possible and in any case positively within a period of three (3) months, i. e. by 5 July 1999. 6.
6. ACCORDINGLY, the institutions will lose their all grants-in-aid facilities even in respect of salaries of the teachers. The respective salaries of the withdrawn teachers will, however, be paid month by month directly by the concerned council even if no post is made or delayed and the concerned S. I. of Schools shall prepare all necessary bills for the purpose of payment of salaries to the teaching staffs. In such case, if any, management of the respective schools will render all co-operations with them. 7. THE withdrawn teachers shall be posted, without any unusual delay, against the existing available vacancies in the post of primary teachers within the kharda/baranagar circle and until the vacancies within the Kharda/baranagar circle are not filled up by the withdrawn teachers no other teachers shall be appointed and/or be posted in the existing posts within the Kharda/baranagar circle. 8. A further submission made on behalf of Baranagar Ramkrishna Mission primary School and Junior Basic Unit I and II Schools that some of the teachers who are under the non-monk category but, of late, developed their faith in respect of the culture of the Mission whether can be provided in the service, as per the eligibility criteria in the secondary institution of the Mission or not, I say that such proposal can be placed by the Mission to the State and if such proposal is accepted, the Mission can make offer to the interested candidates.' Till the aforesaid, I have clarified the interest of the management of the school vis-a-vis interest of the approved teachers to be withdrawn but I have not provided anything in respect of the students career which is a prime consideration be it for the teachers for monk category or non-monk category or be it for present or future administration. Therefore, I record the undertakings of the institutions in this respect that for the changed circumstances there should not be any disruption in the career of the students and they should take care strictly in this respect. 9. THIS order will govern all the three applications either taken out by the institutions or on behalf of the guardians being W. P. No. 2525 (W) of 1998, W. P. No. 29304 (W) of 1997 and W. P. No. 12536 (W) of 1998. All the writ petitions along with connected applications are, thus, disposed of. No order is passed as to costs. 10.
All the writ petitions along with connected applications are, thus, disposed of. No order is passed as to costs. 10. THE parties will be entitled for xerox certified copy of the order within seven days from putting requisition.