Rajasekhar Mantha, J.:— The writ petitioner was the Secretary of the school and a nominated member of a local Panchayat in the management of Raninagar High Madrasha (H.S), Post Office-Raninagar.
2. The writ petitioner admittedly is also a social worker and is engaged in a lot of social activities. He is also a member of a political party and is engaged in serving the people of the area concerned. In view of his non-availability to discharge his duties as Secretary of the Madrasah, the Madrasah was facing a large number of difficulties.
3. Consequent whereof a proposal was made on the 2 of May, 2018 by at least six members addressed to the petitioner expressing their grievances against him. A letter was dispatched by a private courier. Prior to the dispatch by a private courier it was sent by personal messenger. There is no dispute to the fact and it is admitted by the petitioner that at the relevant point of time the Panchayet elections have been conducted of the State and in view of certain criminal complaints against him he had to stay away from his house. He was admittedly therefore not available at home. There is an endorsement by the courier authorities Maruti Air Couriers, Samsi Malda, stating “not receive”. Dispatch of the said letter was confirmed by the courier in writing.
4. Eight members managing committee of the Madrasah on the 18 May, 2018 found that the petitioner was not available or accessible, addressed a letter to the President of the Madrasah asking for a date to be fixed for discussing a ‘No Confidence Motion’ against the petitioner. The proposal for holding ‘No Confidence Motion’ was recorded in the Madrasah Notice Book that on 19 May, 2018 that the meeting for no confidence will be held on the June 2018. The said meeting was signed by 12 members.
5. The notice of such meeting was also dispatched to the petitioner by private courier on the 21 May, 2018. The said letter could not be served to the petitioner since he was not at home and had not left any available address. On the 26 May, 2018, the proposed meeting of no confidence against the petitioner to be held on 4 June, 2018 was informed to the Officer-in-charge of the Pukhuria Police Station, the Sub-Inspector Araidanga Circle, Pukhuria, the District Inspector of Schools Malda, South East the Secretary Raninagar, High Madrasah, and certain other Government Officials who have all received such letter. Consequently in a meeting held on the 4 June, 2018 by a resolution, the petitioner was removed from the post of Secretary of the Madrasah by a no confidence motion. Thereafter on the 23 July, 2018 a further meeting was held by the Madrasah where a discussion was held on the proposed election of a new Secretary. The said meeting was attended by 12 persons.
6. By a further letter dated 24 July, 2018 the petitioner was once again sent a letter of the proposed election of a new Secretary to be held on the 30 July, 2018, the same was dispatched by speed post was returned with the endorsement “addressee absent”.
7. By letter dated 24 July, 2018 the Sub-inspector of school Primary School, Araidanga Circle, Pukhuria, Malda was also informed of the meeting to be held on the 30 July, 2018 for electing a new secretary of the school.
8. One Jharu Seikh was elected as new Secretary of the school and papers were subsequently submitted to the District Inspector of Schools in this regard. The other authorities including the Secretary, West Bengal Board of Madrasah Education was also informed by letter dated 7 August, 2018.
9. On the 30 July, 2018, the petitioner was addressed a notice by the new incumbent Jharu Sheikh that he has been selected in the post of a Secretary, Raninagar High Madrasah (HS) and that the petitioner has been dismissed. This Court strongly deprecates such language being used by the newly elected Secretary. The new elected Secretary is hereby warned to desist from using unwarranted and unfair language against the petitioner.
10. The petitioner is seriously aggrieved by the removal of the petitioner and the election of the new Secretary of the Madrasah.
11. For the purpose of approval in terms of Rule 8(i)(iii) of the Management of Recognised Non-Government Madrasah (Aided and unaided) Rules of 2002 was raised before the West Bengal Board of Madrasah Education and the petitioner was invited to make his submissions.
12. In the submission made before the Madrasah Education Board as well as in the instant writ application the petitioner's main ground was that he was not served notice of the initial proposal of no confidence and even if sent the same was not received by the Board. He, therefore, submits that the resolution and entire process of his removal is illegal and contrary to the Rules of 2002 mentioned hereinabove. The Madrasah Board has duly considered in detail the submission of the petitioner. This Court has also seen the entire process of removal.
13. It is now well settled that under Article 226 of the Constitution of India, it is not the decision itself that can be scrutinized. It is only the decision making process. The only ground urged in the process of decision making is non-receipt of notice of removal.
14. If admittedly, the petitioner is not available in his residence and has not left any address where he can be reached, the question of communicating with the petitioner therefore cannot arise. The petitioner is himself responsible for the inability on the part of the Madrasah to serve notice on him.
15. For the reasons stated hereinabove, no interference is called for in the instant writ petition and the same is hereby dismissed. There shall be no order as to costs.
16. It is however made clear that since the petitioner has worked towards the establishment of the Madrasah in the first place and is now engaged in social activities for the benefit of the district as a whole and for the State this Court is of the view that the petitioner is unable to devote time for the Madrasah. The interest of the students being above all the petitioner's cenastion as Secretary shall not be treated as removal or a dismissal. It shall be treated as if the petitioner has voluntarily resigned from the post of Secretaryship of the Madrasah.
17. With the aforesaid observation, the writ petition is dismissed.
18. In view of the aforesaid, the connected application being CAN10846 of 2019 shall stand disposed of.
19. Urgent Xerox certified copy of this order, if applied for, be given to the parties on priority basis.