ORDER
Satyabrata Sinha, J.
1. The writ application itself was taken up for hearing along with the appeal with the consent of the parties.
2. The writ application was directed against an order dated 25-9-95 as contained in Annexure ‘I’ to the writ-application whereby and whereunder the respondent No. 9 herein was appointed as an Administrator of the School. It appears that the said communication was made pursuant to the order made by the Presdient of the West Bengal Board of Secondary Education in exercise of his emergency power conferred upon him under Section 28(2) of the West Bengal Board of Secondary Education Act, dated 25-9-95 which reads thus:–
“I have consiered the reports received from the Headmaster of the school on the affairs of Champahati Nilmonikar Vidyalay, 24-Par-ganas (S) and other papers in the files.
It is observed that an administrative chaos has been prevailing in the school following the resignation of three teacher representative/ non-teacher representatives.
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 S. 28(2) of the West Bengal Board of Secondary Education Act, 1963, as amended, hereby appoint Sri Sudhir Kumar Ghosh, Teacher-in-Charge, Bankim Sardar College, P.O. Tangrakhali, Via-canning, 24-Parganas (S) to act as Administrator of Champahati Nilmonikar Vidyalaya, Dist. 24-Parganas(S) for a period of one year from the date of assumption of charge of the school or till
completion of the reconsiitution of the Managing Committee of the school with the election of office-bearers, or until further orders, whichever is earlier, to fill up the Administrative Vacuum with immediate effect.
The ‘Administrator so appointed, will. assume charge of the school forthwith and exercise powers and perform the functions of the Managing Committee including the power to operate the Bank & Postal Account standing in the name of the school.
The Administrator shall take steps towards the reconstitution of the Managing Committee in accordance with the provisions of Management of recognised Non-Govt. Institutions (Aided and Un-aided) Rules, 1969, as amended, from time to time and under Government Notification No. 855-Edn.(S) dated 23-12-80 and instructions issued by the Board from time to time in this regard, within the tenure of his appointment.
The Administrator of the school will also take steps for the formation of Staff Council and Academic Council as contemplated under Rules 29 and 30 of the Rules for Management of the recognised Institution (Aided and Un-aided), 1969, as amended, to advise him in the matter of smooth and proper functioning of the Institution.
On assumption of charge of the Administrator will send a report on the affairs of the school/”
3. Mr. Mukul Prakash Banerjee, learned Counsel appearing on behalf of the appellant has raised a short question in support of this application. The learned Counsel has drawn our attention to Rule 8 of the Rules for Management of the recognised Non-Govt. Institution (Aided and Un-aided), 1969 and submitted that on a plain reading thereof it would appear that two pre-conditions must be fulfilled before an order appointing Administrator can be passed, namely (1) that should be issued by the Director of School Education and (2) that the Managing Committee should be given an opportunity of being heard.
4. Mr. Asok Kumar Maity, learned Counsel appearing on behalf of the Administrator, Mrs. Debjani Sengupta, learned counsel for the Board and Mr. Sarajit Sengupta, learned Counsel for the Headmaster submit that the Managing Committee of the School in question is guilty of various acts of ommissions and ommissions. According to Mr. Maity, learned Counsel, the Administrator has already taken over the charge and acted as D.D.O. and the teachers of the school two of whom are writ petitioners have accepted the salaries from the said Administrator.
5. In this writ application this Court is not at all concerned with the allegations and counter-allegations made by the writ petitioners and the respondents.
6. The West Bengal Board of Secondary
Education as also the Director of School
Education are creatures of statute. It is well
known that such creatures of statute must act
within the four corner of the statute. They
cannot take an action which is forbidden by
the statute. The Scheme under the Manage
ment Rules is that the school should be run by
a Managing Committee except in some ex
ceptional situation. Power has been conferred
‘upon the Board to supersede the Managing
‘Committee and appoint an Ad Hoc Com
mittee/Administrator if such a situation
arises. The duration of appointment of such
Administrator has also been laid down under
the statute.
7. Keeping in view the fact that the President of the Board exercising his jurisdiction under Section 28(2) of the West Bengal Board of Secondary Education Act and Rule 8 of the Management Rules is required to comply with two conditions precedent, therefore, namely, the report as regards mismanagement of the affairs of the school and compliance of the principle of natural justice and as in the instant case admittedly both the aforementioned conditions precedents have not been fulfilled, the impugned order cannot be sustained.
8. The learned Counsel for the respondents submits that this Court should direct either the Administrator or District Inspector of Schools (S.E.), South 24-Parganas, to act
as D.D.O. Such a power to appoint a D.D.O. is conferred under sub-rule (3) and Rule 27 of the Management Rules. Keeping in. view the, fact that this Court is not concerned at this stage with the allegations and counter-allegations as against the Managing Committee visa-vis the Headmaster of the School, we refrain ourselves from passing any such order. We may however observe that in the event exigency of situation requires applicability of Rules 8 and 27(3) of the Management Rules the concerned authority may pass an appropriate order in accordance with law.
9. For the aforementioned, the appeal and the writ application, therefore, are allowed with the aforementioned observations and the impugned order is quashed.
10. There will be no order as to costs.
11. Appeal allowed.