Diocese Of Durgapur, Church Of North India & ORS v. State Of West Bengal & ORS

66 03.8.2023 WPA 8985 OF 2012 Sc Ct. no.22 ----------- Diocese of Durgapur, Church of North India, represented by the Vice President & Ors.

Vs.

State of West Bengal & Ors.

Mr. Sanjay Baid ....For the Petitioners Mr. Supriyo Chattopadhyay Ms. Sayantee Bhattacharjee.

....For the State This is a hearing matter and the order dated May 17, 2012 speaks for the same.

Mr. Sanjay Baid, learned counsel appeared for the petitioners.

Mr. Supriyo Chattopadhyay, learned Additional Government Pleader appeared for the respondent nos. 1 to 6.

Mr. Baid, learned counsel for the petitioners contended that, the subject school is a minority community school guided by the Special Rules, viz. "Special Rules" for management of Secondary Schools established and run by a Christian Church/Missionary Society (Board)/Religious Society/subsidiary Trust or their successors-in-law in West Bengal (for short the Special Rules) at the point of time when the impugned order of the jurisdictional District Inspector of Schools (for short the D.I.) dated

April 26, 2012, Annexure-P2 at page 34 to the writ petition was passed.

The interim order was passed on May 17, 2012 recording a prima facie satisfaction by the coordinate Bench that, the said impugned order dated April 26, 2012 was without jurisdiction as the D.I. cannot intervene in the internal management of a minority school.

After considering the submissions made on behalf of the parties and after considering the materials on record and specially after considering the provisions laid down in the said Special Rules, this court is of the firm view that, at the relevant point of time in 2012 when the said Special Rules was in operation, the D.I. did not have any jurisdiction to pass any order or decision intervening with the management of a minority school. For the foregoing reasons, the said impugned order dated April 26, 2012, Annexure-P2 at page 34 to the writ petition was passed clearly without and/or in excess of the jurisdiction by the D.I. and hence, not tenable in law and is liable to be set aside. In view of the above, the impugned order dated April 26, 2012 passed by the D.I., Annexure-P2 at page 34 to the writ petition stands set aside and quashed.

Resultantly, this writ petition, WPA 8985 of 2012 stands allowed to the extent mentioned above.

There will be no order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)