The President Of Arya Samaj Basudevpur And ANR. v. State Of West Bengal And ORS.

Dated : 10.11.2025 Sl. No. : 13.

Ct. No. : 18.

Officer : AGM.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side WPA 20503 of 2025 The President of Arya Samaj Basudevpur & Anr. Vs The State of West Bengal & Ors.

Md. Sarwar Jahan.

Mr. Sumitava Chakraborty.

Ms. Brotati Pramanik.

......for the petitioners.

Mr. Jaharlal De. A.G.P.

Mr. Shamim Ul Bari.

... For the State.

Mr. Sakti Pada Jana.

... For the respondent nos. 4 and 5.

Mr. Subhrangsu Panda.

Ms. H. Roy.

Mr. Ratul Ghosal.

Mr. Anupam Singha.

... For the respondent no. 6.

1.

Affidavit-of-service filed in Court today is kept with the records.

2.

The petitioners claim to be the members and officers of Arya Samaj Basudevpur, which is the local unit of Arya Samaj running a school, namely, the Basudevpur Kanya Gurukul.

3.

The petitioners seek for constitution of the Managing Committee as per the Notification dated 19th March, 1973 published by the Education Department (Secondary), Government of West Bengal.

4.

The Managing Committee cannot be constituted allegedly because the District Inspector of Schools is not providing the name of his nominee. The request made by the petitioners before the District Inspector of Schools is pending consideration.

5.

In the meantime, the District Inspector of Schools vide Memo No. 305-Law dated 8th August, 2025 forwarded to the Headmistress of the educational institution the approved list of members of the Managing Committee for Basudevpur Kanya Gurukul, which was placed by the trustee of the Gurukul Vidyalaya Trust.

6.

Specific submits of the petitioners and the Headmistress of the school is that the Gurukul Vidyalaya Trust is no way connected with the school. The school is functioning under the local unit of the Arya Samaj, the founder body.

7.

Prayer has been made to direct the District Inspector of Schools (S.E.), Purba Medinipur to take control of the school for proper functioning so that the students of the school do not suffer. 8.

Learned advocate representing the State respondents relies upon the instruction forwarded by the District Inspector of Schools signed on 8th September, 2025. The same mentions about the Gurukul Trust.

9.

It appears that a Co-ordinate Bench of this Court in WPA 9769 of 2025 (The Headmistress, Basudevpur Kanya Gurukul -Vs. The State of West Bengal & Ors.) passed order on June 26, 2025 directing the District Inspector of Schools to take charge of the school in respect of all the affairs of the school.

10.

The Court vide order dated 7th August, 2025 was pleased to direct that until a legally valid Managing Committee is constituted and takes charge, the jurisdictional District Inspector of Schools shall remain in charge of the school and shall run the entire affair of the school.

11.

The District Inspector of School is directed to take steps in the matter strictly in terms of the order passed by the Court in the writ petition mentioned hereinabove.

12.

It is directed that till the Managing Committee is legally constituted and the same takes charge, the District Inspector of Schools shall remain in full control of all affairs of the school. The students ought not to suffer due to any infighting between the members of the Managing Committee or the members of the Trust.

13.

The communication dated 8th August, 2025 by the District of Inspector of Schools being Memo No. 305-Law shall not be relied upon at the time of consideration of the issue in terms of the direction passed by the Court.

14.

The writ petition stands disposed of.

15.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)