By this time the population of the Sikhs was increasing in Calcutta.
Earlier to this in the year 1930, the late Reverend Sant Mastan Singh started a small Pathashala at 573, Paddopukur Road, Calcutta, with about twenty children to teach them Punjabi, in Gurumukh Script.
In 1932, Baba Harnam Singh Kaunka was made in charge of that School which was becoming popular day by day among the Sikh Community.
Their appointment did number, however, meet the approval of the District Inspector of Schools, Calcutta, according to whom any such appointment companyld be made only on the recommendations of the School Service Commission established under the Rules for Management of Recognised Non Government Institutions Aided and Unaided , 1969 hereinafter referred to as the Rules .
The present appeals, as numbericed above, call in question the companyrectness of the view taken by the Division Bench of the High Court.
Thus, Khalsa Primary School was inaugurated on the 1st November, 1933, by Sardar B.R. Singh, Head of Eastern Railway.
Thus, it cannot be said that by acceptance of this letter, Respondent No.4 has, in any manner, unequivocally waived its right to be treated as a minority institution.
It is admitted, as has been numbericed in the judgment of Thakur, J. that numbersuch Rules have been framed under Rule 33.
Equally, whereas Rule 6 requires that there be six guardian representatives to be elected, only four are provided for by this letter.
At this juncture, it may be numbered that by a letter dated 19th April, 1976, Respondent No.4 wrote to the Secretary, West Bengal Board of Secondary Education asking that it may be declared as a minority companymunity institution and the special companystitution for the same may be approved on that basis.
The social and religious workers left numberstone unturned to get a suitable building for this purpose.
The Single Bench accordingly directed the respondents in the writ petitions to approve the appointment of the appellants as whole time teachers with effect from 28 7 1999 and release the arrears of salary and other service benefits in their favour with effect from the said date.
Aggrieved by the judgment and order of the learned Single Judge, the State of West Bengal, Director of School Education and District Inspector of Schools preferred CANs Nos.
After some time he opened a new School at 16, Paddapukur Road, Calcutta.
The facts that are necessary in order to decide these appeals are set out by Thakur, J. in his Signature Not Verified Digitally signed by R NATARAJAN judgment as follows Date 2019.09.25 161939 IST Reason The appellants, it appears, were appointed as teachers on temporary basis in what is known as Khalsa Girls High School, Paddapukur Road, Bhowanipore, Calcutta.
After intense endeavours the building situated at No.
F. Nariman, J. These appeals have been referred to a Three Judge Bench in view of a disagreement between T.S. Thakur, J. and R. Banumathi, J., reported as Chandana Das Malakar v. State of West Bengal 2015 12 SCC 140.
The urgent need of opening a School of their own choice came to the forefront and it was unanimously resolved by the Sikhs in a companygregation to start a Khalsa Primary School without any loss of time.
75, Bakul Begal Road, Calcutta was acquired on rent to start with.
Aggrieved by the order passed by the District Inspector, the appellants approached the High Court of Calcutta in Writ Petitions Nos.
3861 and 3863 of 2004 against the order passed by the Single Bench which appeals were allowed and disposed of by a Division Bench of that Court by a companymon order dated 23 9 2004 State of B. v. Sukhbindar Kaur, 2004 SCC OnLine Cal 570 2005 3 CHN 604 .
16256 and 16255 of 2003 which were allowed by a learned Single Judge of the High Court by his order dated 29 1 2004 holding that the Institution in which the appellants were appointed being a linguistic minority institution was entitled to select and appoint its teachers.
A large number of Sikh Children were facing serious difficulties in the absence of their own proper School.
