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2003 DIGILAW 486 (CAL)

MADHURI BHATTACHARYA v. STATE OF WEST BENGAL

2003-09-17

BHASKAR BHATTACHARYA

body2003
BHASKAR BHATTACHARYA, J. ( 1 ) BY this writ application, theheadmistress of the concerned school, has prayed for setting aside the Memo No. 917/g dated 26th March, 2003 being Annexure 'p-81 and Memo No. 918/g dated 26th March, 2003 being annexure 'p-9" to the instant writ application. ( 2 ) BY the first order, the West Bengal Board of Secondary Education had drawn attention of certain irregularities or complaints about the affairs of the concerned school to the Secretary and direction was given to take remedial action in the matter. By the second order the Board conveyed the decision of the Executive Committee adopted at its meeting held on 28th November, 2002 to extend the life of the Managing Committee for a period of six months or till reconstitution of the Managing Committee whichever is earlier. ( 3 ) SO far the first order is concerned, after going to the same, I find that the Board did not commit any illegality in drawing attention of the secretary to certain irregularities^nd or controversies which had arisen as regards management of the school and there was no wrong on the part of the board in directing the Secretary to take remedial action. In terms of West bengal Board of Secondary Education Act, the Board being Supreme in the matter of management of the institution, there was no illegality on the part of the Board in passing such direction in exercise of its power of superintendents. I, thus, find no reason to interfere with the direction embodied in Annexure 'p'-8'. ( 4 ) AS regards second order w'z. extension of life of the Managing committee, it appears that the normal term of Managing Committee expired on 28th May, 2002 which was subsequently extended up to 31st October, 2002 with a direction for reconstitution of the Managing Committee by that date. By Annexure 'p-9' it has been conveyed to the petitioner that by its meeting held on 28th November, 2002, the life of the Managing Committee was extended by the Executive Committee of the Board for a period of six months or till reconstitution whichever is earlier. ( 5 ) BY referring to the aforesaid annexure, Mr. Roy Chowdhury, the learned Counsel appearing on behalf of the petitioner, contends that Board is entitled to extend the life of the Managing Committee but such extension must be effected before the expiry of life time. ( 5 ) BY referring to the aforesaid annexure, Mr. Roy Chowdhury, the learned Counsel appearing on behalf of the petitioner, contends that Board is entitled to extend the life of the Managing Committee but such extension must be effected before the expiry of life time. According to Mr. Roy chowdhury once the life of the Managing Committee had come to an end w. e. f. 31st October, 2002, by exercising power of extension the dead Managing committee cannot be given life. In other words, Mr. Roy Chowdhury contends that the word 'extension does not mean renewal and power of extension must be exercised before expiry of the life of the Managing Committee. He thus, contends that after laps of five months, the Board cannot communicate to the Headmistress that life of the Managing Committee had been revived with effect from earlier date. ( 6 ) THE aforesaid contention of Mr. Roy Chowdhury has been seriously opposed by Mr. Mukherjee, the learned Counsel appearing on behalf of the managing Committee of the school. According to Mr. Mukherjee, under provision of West Bengal Board of Secondary Education Act, the Board has power to not only supersede the existing Managing Committee but also to extend the life of Managing Com'mittee and to appoint Administrator or Ad- hoc Committee once the Managing Committee becomes defunct. Mr. Mukherjee contends that the word 'extension' is not necessarily restricted to the limited right of extending life before expiry but it should be given broad meaning such as "expand", "prolong", etc. and such extension can be given even after expiry of the ordinary term. ( 7 ) AFTER hearing the learned Counsel for the parties and after going through the materials-on-record, I find that West Bengal Board of Secondary education Act, 1963 authorizes the Board to exercise the power to supervise and control secondary education in the State of West Bengal. In the rules framed under the aforesaid Act, Executive Committee of the Board has been given powerto extend the terms of the Managing Committee. Once the Board is given power to supervise and control secondary education and also given power to extend the life of Managing Committee of the school, it necessarily follows that it has also power to give post facto extension of the life of a managing Committee which has already come to an end. I am unable to accept the contention of Mr. I am unable to accept the contention of Mr. Roy Chowdhury that once extension is not given before expiry of life, the Executive Committee of the Board is life with no other alternative but to appoint Administrator. It may not be out of place to mention here that the Executive Committee of the Board has been given power to appoint even Ad-hoc Committee after the life of the Managing committee has come to an end. Such being the position, in my view, the board can also revive the life of a defunct Managing Committee by exercising power of post facto extension. Thus, no wrong was committed by the Executive committee of the Board by extending the life time of the Managing Committee even if its terms had expired before giving extension. ( 8 ) I, thus, find that there no merit in this writ application. The writ application is, thus, dismissed. The interim order granted earlier stands vacated. The special officer, earlier appointed vide order dated 19th May, 2003, is directed to handover charge to the respondent No. 7 immediately. ( 9 ) IN the facts and circumstances, there will be, however, no order as to costs. Later Let xerox certified copy of this order be supplied to the learned counsel for the parties by day after tomorrow.