ORGANIZING MANAGING COMMITTEE OF DR. MD. KUDRAT-E-KHUDA NARI SIKSHA NIKETAN v. STATE OF WEST BENGAL
2006-03-20
SOUMITRA PAL
body2006
DigiLaw.ai
Soumitra Pal, JJ. ( 1 ) HEARD learned Advocates for the parties. ( 2 ) LEARNED Advocate for the West Bengal Board of Secondary Education has produced copies of the relevant records before this Court. Let the same be kept with the records. ( 3 ) THE short point is whether the order of the President of the West Bengal board o f Secondary Education communicated by the impugned memo dated 1st Fet ruary, 2006 is valid and legal. The relevant portion of the impugned memo dated February 1, 2006 containing the order of the President of the board dated 31st January, 2006 is reproduced below: -"i have considered the report/reports and recommendation received from the Director of School Education on the affairs of Dr. Md. Kudrat-E-Khuda Nari Sikshaniketan (High School), District-Birbhum and other papers in the file in this regard. It is observed that the statutory term of the Managing Committee if above school having expired a deadlock has been created in the affairs in the above situation, I am decidedly of the view that an emergency has arisen in the affairs of the school. Hence to safeguard the interest of the institution, prompt action is called for. In consideration of the facts and circumstances aforesaid , I, president, West Bengal Board of Secondary Education, in exercise of the powers conferred upon me under Section 28 (2) of the West Bengal board of Secondary Education Act, 1963,as amended, hereby appoint sri Goutam Charan Mal, S. I. of Schools attached to the office of A. I (SE)Sub-Divn. P. O. Rampurhat, District-Birbhum to act as Administrator of dr. Md. KUdrat-E-Khuda Nari Sikshaniketan (H. S.) for a period of one year from the date of assumption of charge of the school or till completion of the reconstitution of the Managing Committee of the school with the election of office-bearers of until further orders, whichever is earlier to fill up the Administrative Vacuum with immediate effect. " ( 4 ) THE order of the President refers to the "report/reports" and recommendation received from the Director of School Education. " The relevant portion of "the report/reports and recommendation" is extracted below: - Memo No. 133-SC/g/dated: Kolkata , the 27. 1. 2006 From : The Director of School Education, West Bengal , To : The Secretary, West Bengal Board of Secondary education. . . . . . . . . . . . . .
" The relevant portion of "the report/reports and recommendation" is extracted below: - Memo No. 133-SC/g/dated: Kolkata , the 27. 1. 2006 From : The Director of School Education, West Bengal , To : The Secretary, West Bengal Board of Secondary education. . . . . . . . . . . . . . . . . . . . . . . . Sub : Appointment of administrator of Dr. Md. Kudrat-E-Khuda Nari Siksha Niketan High School ,. . . . . . . . . . . . . . . . . . . . . . . . The undersigned has to enclose a letter of District Inspector of Schools (SE: , Birbhum bearing Memo No. 3559/g dated 23. 11. 2005 which will speak for itself. The undersigned endorses the views of the District Inspector of Schools (S) and recommends that Sri Goutam Charan Mal, S. I. of School attached to the Office of the A. I. / S (SE), Rampurhat Sub-Divn. , P. O. Rampurhat , Birohum. It may be noted that has already been acting as Drawing & Disbursing Officer of the Institution. An early action is requested. for Director of School education West Bengal. . . . . . . . . . . . . . . . ". ( 5 ) THE Director of School Education, respondent No. 2, had referred to the Memo No. 3559/g dated 23rd November, 2005. The relevant portion of the said memo is as under: - Memo No. 3559/g, dated : Suri , the 23. 11. 2005 From : The District Inspector of Schools (S. E.), Birbhum , To : The Director of School Education, West Bengal. . . . . . . . . . . . . . Sub : Proposal for appointment of administrator in Dr. Md. Kudrat -E- Khuda Nari Sikshaniketan High School. The undersigned begs to submit herewith the proposal for appointment of administrator in duplicate in dr. Md. Kudrat-E-Khuda Nari Sikshaniketan High School for onward transmission to the West Bengal Board of Secondary Education. It may kindly be noted that due to administrative vacuum the approval of the teachers (for upgradation ) are not accorded and causing hamper in the academic and administrative affairs of the School. An early action may kindly be taken. District Inspector of schools, (Secondary Education), Birbhum . . . . . . . .
It may kindly be noted that due to administrative vacuum the approval of the teachers (for upgradation ) are not accorded and causing hamper in the academic and administrative affairs of the School. An early action may kindly be taken. District Inspector of schools, (Secondary Education), Birbhum . . . . . . . . . . . . . . . . . . . . . . " ( 6 ) IT appears from the order that the President after considering the "report/ report and recommendation" of the respondent No. 2 had appointed the administrator. The question is whether there was any material before the president to consider ( 7 ) "consider neans "to think or deliberate on: to take into account to attend to: to regard as: to think, hold the opinion" "to think seriously or carefully: to deliberate" (Chambers 20th Century Dictionary ). ( 8 ) ACCORDING to Webster's Encyclopedia unabridged Dictionary of english Language (New Revised Edition) "consider" means "to think carefully about, esp. in order to make a decision; contemplate: reflect on," "to view attentively; scrutinize," "to view carefully or thoughtfully", "to examine". ( 9 ) "consider" acording to Concise Oxford English Dictionary means to "think carefully about; believe to be; take into account when making a judgment; look attentively at. " ( 10 ) THUS, 'consider" means before arriving at a decision one should examine and scrutinise carefully and thoughtfully the materials-on-records report or reports. The said considerederation, which is the thought process, should invariably lead tc the formation of an independent opinion which gets reflected in the order passed so that perusing the decision one comes to know the facts that had weighed with the lauthority in the decision which had been arrived at. ( 11 ) NOW the questibn is - was there any consideration. I find, as already noted, the President of the Board "considered" and had acted on the "report/ reports and recommendation of the Director of School Education". In my view, whenever there is a recommendation it is preceded by a factual report and it is natural that there should be a nexus between the report which forms the factual basis and the recommenndation. Perusing the memo dated 27th January, 2006 issued by the Director I find though a recommendation was made, there was no 'report' before the President of the Board to consider.
Perusing the memo dated 27th January, 2006 issued by the Director I find though a recommendation was made, there was no 'report' before the President of the Board to consider. The memo which enclosed a letter of the Distric Inspector of Schools (SE), Birbhum and its endorsement cannot be called a 'report' by any stretch of imagination. Therefore, the President ought not to have ac ted on such recommendation by the Director. ( 12 ) MOREOVER even assuming the memo dated 27th January, 2006 was a report and the President had 'considered' the same, still it was incumbent upon him to form ar opinion after due deliberation or examination of the pros and cons of the matter. Before taking an action, formation of an independent opinior is a necessity which, in the instant case is totally absent. Further from the language of the purported order - "i have considered the report/reports and recommendation - it appears that the Board maintains a stereotyped form. As already observed, assuming the memo dated 27th January, 2006 to be a 'report', from the records I do not find 'reports' which had also formed the basis of consideration. It only emphasizes the fact that while passing the order impugned, there was total non-application of mind by the President of the Board He merely acted like a rubber stamp. An issue as important as the appointment of administrator cannot be done in a slipshod manner as has been done in the instant case. ( 13 ) THEREFORE, in my view, the memo dated 1st February, 2006 intimating the order of the President on 31st January, 2006 cannot be sustained. Hence, the memo dated 1st February, 2006 is set aside and quashed. ( 14 ) ACCORDINGLY, the writ petition is allowed. However, I make it clear that other issues which were raised and agitated by the parties have not been dealt with and adjudicated. There will be no order as to costs. 2006-Callj-2-420 , 2006 (TLS)518637 HIGH COURT OF CALCUTTA Coram : Soumitra Pal A. S. T. 97 Of 2006 (March 20, 2006) ORGANIZING MANAGING COMMITTEE OF DR. MD. KUDRAT-E-KHUDA NARI SIKSHA NIKETAN VS. STATE OF WEST BENGAL ( 1 ) HEARD learned Advocates for the parties. ( 2 ) LEARNED Advocate for the West Bengal Board of Secondary Education has produced copies of the relevant records before this Court.
MD. KUDRAT-E-KHUDA NARI SIKSHA NIKETAN VS. STATE OF WEST BENGAL ( 1 ) HEARD learned Advocates for the parties. ( 2 ) LEARNED Advocate for the West Bengal Board of Secondary Education has produced copies of the relevant records before this Court. Let the same be kept with the records. ( 3 ) THE short point is whether the order of the President of the West Bengal board o f Secondary Education communicated by the impugned memo dated 1st Fet ruary, 2006 is valid and legal. The relevant portion of the impugned memo dated February 1, 2006 containing the order of the President of the board dated 31st January, 2006 is reproduced below: -"i have considered the report/reports and recommendation received from the Director of School Education on the affairs of Dr. Md. Kudrat-E-Khuda Nari Sikshaniketan (High School), District-Birbhum and other papers in the file in this regard. It is observed that the statutory term of the Managing Committee if above school having expired a deadlock has been created in the affairs in the above situation, I am decidedly of the view that an emergency has arisen in the affairs of the school. Hence to safeguard the interest of the institution, prompt action is called for. In consideration of the facts and circumstances aforesaid , I, president, West Bengal Board of Secondary Education, in exercise of the powers conferred upon me under Section 28 (2) of the West Bengal board of Secondary Education Act, 1963,as amended, hereby appoint sri Goutam Charan Mal, S. I. of Schools attached to the office of A. I (SE)Sub-Divn. P. O. Rampurhat, District-Birbhum to act as Administrator of dr. Md. KUdrat-E-Khuda Nari Sikshaniketan (H. S.) for a period of one year from the date of assumption of charge of the school or till completion of the reconstitution of the Managing Committee of the school with the election of office-bearers of until further orders, whichever is earlier to fill up the Administrative Vacuum with immediate effect. " ( 4 ) THE order of the President refers to the "report/reports" and recommendation received from the Director of School Education. " The relevant portion of "the report/reports and recommendation" is extracted below: - Memo No. 133-SC/g/dated: Kolkata , the 27. 1. 2006 From : The Director of School Education, West Bengal , To : The Secretary, West Bengal Board of Secondary education. . . . . . .
" The relevant portion of "the report/reports and recommendation" is extracted below: - Memo No. 133-SC/g/dated: Kolkata , the 27. 1. 2006 From : The Director of School Education, West Bengal , To : The Secretary, West Bengal Board of Secondary education. . . . . . . . . . . . . . . . . . . . . . . . Sub : Appointment of administrator of Dr. Md. Kudrat-E-Khuda Nari Siksha Niketan High School ,. . . . . . . . . . . . . . . . . . . . . . . . The undersigned has to enclose a letter of District Inspector of Schools (SE: , Birbhum bearing Memo No. 3559/g dated 23. 11. 2005 which will speak for itself. The undersigned endorses the views of the District Inspector of Schools (S) and recommends that Sri Goutam Charan Mal, S. I. of School attached to the Office of the A. I. / S (SE), Rampurhat Sub-Divn. , P. O. Rampurhat , Birohum. It may be noted that has already been acting as Drawing & Disbursing Officer of the Institution. An early action is requested. for Director of School education West Bengal. . . . . . . . . . . . . . . . ". ( 5 ) THE Director of School Education, respondent No. 2, had referred to the Memo No. 3559/g dated 23rd November, 2005. The relevant portion of the said memo is as under: - Memo No. 3559/g, dated : Suri , the 23. 11. 2005 From : The District Inspector of Schools (S. E.), Birbhum , To : The Director of School Education, West Bengal. . . . . . . . . . . . . . Sub : Proposal for appointment of administrator in Dr. Md. Kudrat -E- Khuda Nari Sikshaniketan High School. The undersigned begs to submit herewith the proposal for appointment of administrator in duplicate in dr. Md. Kudrat-E-Khuda Nari Sikshaniketan High School for onward transmission to the West Bengal Board of Secondary Education. It may kindly be noted that due to administrative vacuum the approval of the teachers (for upgradation ) are not accorded and causing hamper in the academic and administrative affairs of the School. An early action may kindly be taken. District Inspector of schools, (Secondary Education), Birbhum . . . . . . . .
It may kindly be noted that due to administrative vacuum the approval of the teachers (for upgradation ) are not accorded and causing hamper in the academic and administrative affairs of the School. An early action may kindly be taken. District Inspector of schools, (Secondary Education), Birbhum . . . . . . . . . . . . . . . . . . . . . . " ( 6 ) IT appears from the order that the President after considering the "report/ report and recommendation" of the respondent No. 2 had appointed the administrator. The question is whether there was any material before the president to consider ( 7 ) "consider neans "to think or deliberate on: to take into account to attend to: to regard as: to think, hold the opinion" "to think seriously or carefully: to deliberate" (Chambers 20th Century Dictionary ). ( 8 ) ACCORDING to Webster's Encyclopedia unabridged Dictionary of english Language (New Revised Edition) "consider" means "to think carefully about, esp. in order to make a decision; contemplate: reflect on," "to view attentively; scrutinize," "to view carefully or thoughtfully", "to examine". ( 9 ) "consider" acording to Concise Oxford English Dictionary means to "think carefully about; believe to be; take into account when making a judgment; look attentively at. " ( 10 ) THUS, 'consider" means before arriving at a decision one should examine and scrutinise carefully and thoughtfully the materials-on-records report or reports. The said considerederation, which is the thought process, should invariably lead tc the formation of an independent opinion which gets reflected in the order passed so that perusing the decision one comes to know the facts that had weighed with the lauthority in the decision which had been arrived at. ( 11 ) NOW the questibn is - was there any consideration. I find, as already noted, the President of the Board "considered" and had acted on the "report/ reports and recommendation of the Director of School Education". In my view, whenever there is a recommendation it is preceded by a factual report and it is natural that there should be a nexus between the report which forms the factual basis and the recommenndation. Perusing the memo dated 27th January, 2006 issued by the Director I find though a recommendation was made, there was no 'report' before the President of the Board to consider.
Perusing the memo dated 27th January, 2006 issued by the Director I find though a recommendation was made, there was no 'report' before the President of the Board to consider. The memo which enclosed a letter of the Distric Inspector of Schools (SE), Birbhum and its endorsement cannot be called a 'report' by any stretch of imagination. Therefore, the President ought not to have ac ted on such recommendation by the Director. ( 12 ) MOREOVER even assuming the memo dated 27th January, 2006 was a report and the President had 'considered' the same, still it was incumbent upon him to form ar opinion after due deliberation or examination of the pros and cons of the matter. Before taking an action, formation of an independent opinior is a necessity which, in the instant case is totally absent. Further from the language of the purported order - "i have considered the report/reports and recommendation - it appears that the Board maintains a stereotyped form. As already observed, assuming the memo dated 27th January, 2006 to be a 'report', from the records I do not find 'reports' which had also formed the basis of consideration. It only emphasizes the fact that while passing the order impugned, there was total non-application of mind by the President of the Board He merely acted like a rubber stamp. An issue as important as the appointment of administrator cannot be done in a slipshod manner as has been done in the instant case. ( 13 ) THEREFORE, in my view, the memo dated 1st February, 2006 intimating the order of the President on 31st January, 2006 cannot be sustained. Hence, the memo dated 1st February, 2006 is set aside and quashed. ( 14 ) ACCORDINGLY, the writ petition is allowed. However, I make it clear that other issues which were raised and agitated by the parties have not been dealt with and adjudicated. There will be no order as to costs.