Sohidul Shaikh v. State Of West Bengal And ORS.

06.01.2021 Item No.05 Daily List Court No.25 Krishnendu W.P.A. No. 10888 of 2020 (VIA VIDEO CONFERENCE) In re: Sohidul Shaikh & Anr.

- Versus- The State of West Bengal & Ors Mr. Robiul Islam Mr. K.M. Hossain Mr. Arghya Chakrabarti For the Petitioners Mr. Supriyo Chattopadhyay Mr. Gourav Das For the State Affidavit of service filed by the petitioners be kept on record.

Mr. Islam, learned advocate appearing for the petitioners alleges that Mr. Bidhan Chandra Mondal, who has been nominated as the President of the Managing Committee of Bali Gramin High School (Govt. Sponsored) (in short, the said school), is an in-service person and one of the persons, interested in education (PIE), is a nongraduate. Accordingly, as per the Rules for Management of Sponsored Institution (Secondary) 1972 (in short, the said Rules of 1972), Mr. Bidhan Chandra Mondal cannot act as the President and the other person could not have been nominated as the person interested in education. Pointing out such infirmities, a representation was submitted to the respondent nos. 2 and 3 but the

same had not been attended to. Aggrieved thereby, the petitioners have approached this Court. Mr. Islam informs this Court that as yet no Managing Committee has been constituted.

Drawing the attention of this Court to a memo dated 16th October, 2020 issued by the respondent no. 2, Mr. Chattopadhyay, learned advocate appearing for the State respondents submits that the respondent no. 3 is under an obligation to verify the educational qualifications and eligibility criteria of the nominated persons before sending copies of the order to the school authorities and all concerned. No committee has yet been constituted and, as such, the writ petition is a pre-mature one.

A Managing Committee of a sponsored institution is required to be constituted strictly in consonance with the said Rules of 1972 and from the memo dated 16th October, 2020 itself, it is evident that the respondent no. 3 is required to verify the educational qualifications and eligibility criteria of the nominated persons.

In view thereof, the writ petition is disposed of with a direction upon the respondent no. 3 to comply with the directions issued to him by the memo dated 16th October, 2020 and to verify the educational qualifications and eligibility criteria of

the nominated persons before sending copies of the order to the school authorities and all concerned.

There shall, however, be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties upon compliance of all necessary formalities.

(Tapabrata Chakraborty, J.)