Paritosh Kumar Das vs The State Of West Bengal & Ors
2021 Latest Caselaw 5896 Cal

30-11-2021
 ct no. 13
 Sl.3
    sp


                        WPA 18204 of 2021
                        Paritosh Kumar Das
                                Versus
                   The State of West Bengal & Ors.

                          (Via Video Conference)

             Mr. Atarup Banerjee,
             Mr. Amal Krishna Samanta,
             Ms. Saswati Adhikary,
             Mr. S. Jana
                                                ...for the petitioner

             Sk. Md. Galib,
             Ms. Sujata Ghosh
                                                    ...for the State

             Mr. Uttam Kr. Bhattacharyya
                                   ...for the respondent no.10

The matter has been taken up since

extreme urgency is cited.

The petitioner claims to be the Secretary of

the Dr. Rammanohar Lohia Adarsha Siksha

Niketan at Chakpratappur under Ramnagar P.S. It

is claimed that the private respondent, who is a

club, NGO/Library (Pathagar) owned the land and

the school. A lease deed is stated to have been

entered into between the private respondents and

the school authority for running the educational

institution. There is some doubt as to who is in

actual management of the school.

Be that as it may, there are serious disputes

and differences between the petitioner and the

private respondents. The said discord has also

resulted in a physical altercation. The police

intervened and at the instance of the local

Magistrate under Section 156 of the Cr. P.C., FIR

was registered. Out of five accused persons, two

were arrested and enlarged on bail.

There are doubts as to whether there are

any students in the school. The petitioner,

however, states that the registration process of

students for Madhyamik is being hampered by the

private respondents.

This Court notes with dismay the conduct of

the parties in using the educational institution as

a scapegoat to unleash a personal vendetta

against one another.

The Officer-in-Charge, Ramnagar Police

Station has filed a report in the form of instruction

addressed to the learned Government Pleader

dated November 28, 2021. The same is taken on

record.

This Court is of the view that in the interest

of justice and the cause of education, the District

Inspector of Schools (SE), Purba Medinipur, being

respondent no. 9, should conduct an enquiry into

affairs of the School, its functioning, management

strength etc. Suitable recommendations may be

submitted to the West Bengal Board of Secondary

Education in this regard. The West Bengal Board

of Secondary Education shall be entitled to take

steps to rectify the existing improprieties in the

running of the school and, if necessary, also

appoint an Administrator at their discretion.

Since the police appear to have taken all

steps, this Court does not find any inaction on

their part.

The Officer-in-Charge, Ramnagar Police

Station shall, however, continue to maintain a

vigil over the said school and ensure that there is

no breach of peace in that area.

The District Inspector of Schools (SE),

Purba Medinipur, respondent no. 9 shall submit

recommendations, as above within a period of two

months from the date of communication of a copy

of this order.

With the aforesaid observations, the writ

petition is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)