Court : Supreme Court of India
Reported in : (2005)1CALLT94(SC); (SCSuppl)2005(1)CHN121; 2005(1)ESC109; JT2004(10)SC196; (2005)9SCC53; 2005(2)SLJ90(SC); (2005)1UPLBEC632
Y.K. Sabharwal, J. 1. The appellant Ramakrishna Vivekananda Mission (for short, 'the Mission') has challenged in these appeals a common judgment of the Division Bench of the High Court whereby two appeals challenging the order of a learned Single Judge and a Writ Petition No. 18402(W) of 1997 filed by the Mission were dismissed.2. The Mission is running a school known as Ramakrishna Vivekananda Mission Vidya Bhawan. The school is affiliated to the West Bengal Board of Secondary Education (for short, 'the Board') and is governed by the West Bengal Board of Secondary Education Act, 1963 (for short, 'the Act'). The two private respondents Swapan Panda and Tapan Negoi were appointed as teachers in the school in the years 1977 and 1986 respectively. Both were approved teachers. The other respondents in these appeals are State of West Bengal and the education authorities under the Act.3. The West Bengal Board of Secondary Education (Manner of Hearing and Deciding Appeals by Appeal Committee)...
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal175,73CWN163
Sinha, C.J. 1. The facts in this case are briefly as follows: The respondent Biswanath Banerjee, was in 1951, appointed as Office Superintendent of the Board of Secondary Education, a statutory corporation set up by the West Bengal Secondary Education Act, 1950 (hereinafter referred to as the 'Act of 1950'). He had several promotions. In 1954 came to be passed the West Bengal Secondary Education (Temporary Provisions) Act, 1954 (hereinafter referred to as the 'Act of 1954'). By this Act, the Board created by the Act of 1950 was superseded and its powers came to be exercised by an Administrator appointed by the State Government. On 8th August, 1962 the said respondent was appointed Secretary of the Board, on probation, by the then Administrator. On 20th February, 1963 came to be passed the West Bengal Board of Secondary Education Act 1963 (hereinafter referred to as the 'Act of 1963'). On 24th of August 1963 the said respondent was confirmed as a Secretary of the Board. The Act of 1963 ...
Tag this Judgment!Court : Kolkata
Reported in : (1990)2CALLT327(HC),94CWN1166
Khwaja Mohammad Yusuf, J.1. The petitioners have moved this writ application against the impugned Memo No. 372-Edn.(B) dated 31st July, 1981 for writ of Mandamus commanding the respondents to cancel and withdraw the offending portion of the said Memo by which the age of retirement has been reduced from 65 years to 60 years, a writ of Certiorari for quashing the relevant 'portion of the said impugned Memo which had reduced the age of retirement from 65 years to 60 years and also a writ of Prohibition directing the respondents not to make any discrimination in the matter of fixation of the age of retirement amongst the teaching and non-teaching staff. The 'offending portion' of the impugned Memo dated 31st July, 1981 as described in paragraph 25 of the writ petition which is the target of attack is a portion of Clause 6 of the said Memo which is quoted as under :-'The teachers in all Government aided educational institutions opting for the revised scales of pay shall retire at 60 years, ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1994Cal122
ORDER1. The petitioners are the Secre-tary and the Headmaster of Nalhati Junior High Madrasah in the district of Birbhum. The Madrasah was recognised as Junior High Madrasah of Class V-VI prior to independence and continued to function till 1961 but remained closed from 1962 to 1975. In 1975some local people decided for the revival of the said Madrasah as there was no Madrasah in the locality for the teaching of Arabic and Islamic culture among the Muslim people. The local people constituted an Ad hoc Committee to look into the affairs of the Madrasah and appointed teaching and non-teaching staff and as such the old Madrasah was revived with its old name Nalhati Junior High Madrasah and started functioning from the academic year 1976 which seeks teaching and non-teaching staff. It is stated that the Madrasah fulfilled all the conditions required for the purpose of granting recognition. An application was made to the Secretary of the West Bengal Madrasah Eduction Board on 12th September...
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal467,86CWN908
M.M. Dutt, J.1. This appeal has been preferred by the West Bengal Board of Secondary Education, its President and Secretary against the judgment of a learned single Judge of this Court. By the said judgment, the learned Judge made absolute the Rule Nisi issued on the application of the respondents Nos. 1, 2 and 3 under Article 226 of the Constitution of India.2. The respondents Nos. 1 and 3 are the guardians of two students of Class VIII and the respondent No. 2 is the West Bengal Headmaster Association. In the Writ Petition, the said respondents who were the Writ Petitioners, challenged the validity of the revised history syllabus for Class VIII prescribed by the West Bengal Board of Secondary Education. The case of the Writ Petitioners is that in the State of West Bengal, there are two types of schools, namely, one under the Central Board of Education, New Delhi, and the other under the West Bengal Board of Secondary Education. The syllabi of the two groups of schools are different, ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1999Cal321
Satyabrata Sinha, J.1. These appeals raise a question as to whether only because a school has been established allegedly by some Hindi speaking people, they as of right, can claim minority status with a view to get protection under Article 29 and/or Article 30 of the Constitution of India.2. F.M.A. No. 742 of 1987 arises out of a judgment and order dated 4-7-1985 passed in Civil Rule No. 15274 (W) of 1984 whereby and whereunder the writ petition filed by the 1st respondent herein was allowed.3. M.A.T. Nos. 4040 of 1998 and 4099 of 1998 have been filed by the teacher in-charge and the members of the Managing Committee of the school in question known as Anglo Hindi High School against an interim order dated 25th November, 1998 passed by a learned single Judge of this Court whereby and whereunder an order of injunction in terms of prayer (f) and (g) the writ application was granted, inter alia, on the ground that this Court in a decision dated 4th July, 1985 (Bhagwandas Haralalka v. State...
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal101
ORDERB.C. Ray, J.1. The petitioner No. 1, Sree Jain Swetamber Terapanthi Vidyalaya, a society registered under the West Bengal Societies Registration Act, 1860, and the petitioner No. 2, Assistant Secretary of the said society have made this Writ application challenging the validity of the orders passed by the West Bengal Board of Secondary Education dated 19th Mar. 1977 and 25th July, 1077 respectively holding that the Election of members of the Managing Committee from the Guardians' Constituency was not valid and directing the appointment of an Ad hoc Committee or an Administrator to run the administration of this School as well as to complete re-constitution of the Managing Committee in accordance with the Rules and also by the later order rejecting the prayer for Special Constitution as regards the reconstitution of the Managing Committee of this school.2. The salient facts of the case as appeared from the Writ application is that the petitioner No. 1 is a society registeded under ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal245,87CWN107
1. The petitioner No. 1 is a registered partnership firm which has been carrying on the business of printing, publishing and selling of approved text books of different classes in the different schools recognised by the West Bengal Board of Secondary Education. This business is carried on under the name and style of 'Nag Book House.' The petitioner No. 2 is one of the partners of the said business. The West Bengal Board of Secondary Education issued guidelines for authors of text books on mathematics containing instructions regarding syllabus that has to be followed in respect of text books on Arithmatics and Geometry in classes VI and VII. The said guidelines describing the syllabus in respect of Arithmatics and Geometry to be followed by the writers on text books on the said subjects for being read by the pupils of the schools recognised under the Board. Thereafter a Circular No. Syll/79/9 dated 23rd Nov. 1979 was issued by the Secretary, Board of Secondary Education, West Bengal to ...
Tag this Judgment!Court : Kolkata
Reported in : (2006)3CALLT374(HC)
Maharaj Sinha, J.1. An order of dismissal dated 29th September, 2001 of the petitioner as a class-IV employee of DumDum Vidya Mandir Coeducation High School, at 4 Mordecai Lane, Calcutta - 700 074, is essentially under challenge in this writ application. The said order of dismissal, needless to mention, was approved by the Board under the provisions of Sub-rule 8 of Rule 28 of the Rules for Management of recognised Non-Government Institutions (Aided and Unaided), 1969. The word 'Board', needless to mention again, means the West Bengal Board of Secondary Education established and/or constituted under the provisions of the West Bengal Board of Secondary Education Act, 1963. A writ in the nature of mandamus has also been sought for by the petitioner for compelling the school authority to allow the petitioner to join as a regular class-IV employee a metron of the said school and for payment of her salary 'month by month'.2. The present petition is, in fact, the 4th writ petition by which t...
Tag this Judgment!Court : Kolkata
Reported in : (2002)1CALLT330(HC)
P.K. Ray, J. 1. In this writ application, the Managing Committee of a school which was reconstituted in terms of the election held on 19.12.99, has challenged the decision of the President, West Bengal Brard of Secondary Education dated 9.8.2000 as communicated by memo No. S/461/2 dated 9.8.2000 by the Secretary. West Bengal Board of Secondary Education. By the impugned order, the President, West Bengal Board of Secondary Education, upon exercising his emergency power under Section 28(2) of the West Bengal Board of Secondary Education Act, 1963, appointed an Administrator in the management of Chetla Boys' High School. This order was passed by the President. West Bengal Board of Secondary Education (hereinafter referred to as the said President for the brevity) admittedly without hearing the Managing Committee which started to function with effect from 31.5.2000 upon holding office bearers election. 2. This writ application is being opposed by the West Bengal Board of Secondary Educatio...
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