RAMAKRISHNA VIVEKANANDA MISSION versus STATE OF WEST BENGAL AND ORS.

Citation: [2004] SUPP. 6 S.C.R. 423 · Decided: 29-11-2004 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Disposed off

Judgment (excerpt)

RAMAKRISHNA VIVEKANANDA MISSION 
A 
v. 
STATE OF WEST BENGAL AND ORS. 
NOVEMBER 29, 2004 
B 
[Y.K. SABHARWAL AND D.M. DHARMADHIKARI, JJ.] 
Constitution of India, 1950: 
Article 142-Inherent powers under-Exercise of-Held: Is to be 
exercised (o do complete justice to the parties-On facts in view of peculiar C 
situation and there being no substantive proceedings by the teachers against 
their termination orders, Article 142 is exercised and termination orders are 
held invalid-Teachers are directed to be reinstated into service without 
payment of arrears of salary-West Bengal Board of Secondary Education 
Act, 1963-West Bengal Board of Secondary Education (Manner of Hearing D 
and Deciding Appeal by Appeal Committee) Regulations, 1964-Management 
of Recognized Non-Government Institutions (Aided and Unaided) Rules, 
1964. 
Article 26-Framing of Special Rules under Rule 33 by a Mission-
religious denomination-Right under Article 26-Claim of-Held: Every E 
religious denomination or any section thereof has right to establish and 
maintain institutions for religious and charitable purpose under Article 
26(a)-Therefore, religious denominations not falling under Article 29(1) 
and 30(1) have right to establish and maintain educational institutions 
under Article 26(a)-Hence, such a Mission entitled to fundamental right F 
under Article 26 to frame Special Rules under Rule 33-Management of 
Recognized Non-Government Institutions (Aided and Unaided) Rules, 1969-
Rule 33. 
Management of Recognized Non-Government Institutions (Aided and 
Unaided) Rules, 1969: Rule 33-Framing of Special Rules under Rule 33 G 
by institution governed by Article 26-Requirement of, its e.ffect-Non-
publication of draft Ru/es-Effect of-Held: Special Rules require publication 
of draft rules-Before publication date is to be fixed for consideration of 
draft Rules under section 24 of the General Clauses Act 1899-Special 
Rules under which Committee's decision is final deprives the teachers of H 
423 
424 
SUPREME COURT REPORTS [2004] SUPP. 6 S.C.R. 
A valuable rights under Rule 28(8) under which Board:s decision on disciplinary 
matters is final-On facts, Special Rules were approved in terms of the order 
of High Court but there was no sufficient publication of Special Rules as 
such valid Special Rules not in force and Rule 28(8) of 1969 Rules would 
prevail-However, the Special Rules were approved by State Government-
B As such State Government directed to treat Rules as draft Rules under Rule 
33 and issue directions for its previous publication by following the procedure 
under Section 24 of the 1899 Act-Rule 28(8)-West Bengal General Clauses 
Act, 1899-Section 24. 
West Bengal Board of Secondary Education (Manner of Hearing and 
C Deciding Appeal by Appeal Committee) Regulations, 1964-Regulation 3-
Second set of appeals challenging termination order-Maintainability, effect 
of-Held: Sepond set of appeals not maintainable since the first set of 
appeals challenging the termination order have been withdrawn 
unconditionally and Court did not grant any such liberty in its previous 
D order-Also no provision under the Regulations for filing second set of 
appeals when first one unconditionally withdrawn-As a result termination 
order attains finality. 
E 
~. 
Appellant-mission is running a school affiliated to West Bengal 
Board of Secondary Education under the West Bengal Board of 
Secondary Education Act, 1963. Two approved teachers of the school 
refused to do hostel duties and as such show cause notices were issued 
to them. Thereafter, their services were terminated. Appellant filed writ 
petition claiming right under Article 26 of the Constitution seeking 
directions against the State Government requiring it to frame Special 
F Rules for composition, powers, functions of the Managing Committee 
of the institutions under the Act in exercise of power under Rule 33 of 
the Management of Recognized Non-Government Institutions (Aided 
and Unaided) Rules, 1969. It contended that it fulfilled all the requisites 
of being a religious denomination within the meaning of Article 26; and 
that the Special Rules adopted by it be approved for the management 
G of the school. High Court directed the State Government to approve the 
Special Rules of the appellant-Mission. Thereafter, in terms of the order 
of High Court, Special Rules were approved and writ petitio11 was 
disposed of. Aggrieved teachers filed appeals before the Appeal 
Committee of the Board 

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