Please help with erudite comments to the following. Thank you in advance...
I have gone through internet resources as well as some legal literature, but have not made myself confident about the topic I am going to make query of. I require a specific comment and or suggestion in this case. I know, thousands of lines have been written about this particular topic, but as I am not legal professional or law student, I cannot figure out the required answer for my matter from all this. Hence this query.
This involves an order of Hon'ble High court of Calcutta passed on 19th January 2015. In that order the hon'ble judge was pleased to direct the secondary education board of West Bengal to constitute a ad hoc committee for the purpose of administering the affairs of the school until a school managing committee is formed following the statutory provisions. The background of this case is that even after the expiry of the previous managing committee long back in last year,a defunct committee was unlawfully arbitrarily administering the school upon its own whms and fancies in the most malafide manner. Teachers who showed dissent to this were being heckeled, fined, show-caused, and mentally tortured on a regular manner. So the teachers formed a registered association and filed a writ petition. In the meantime the society, who claim to have established the school (though they didn't really,as the school building or ground is inside a central government township,and according to the trust deed signed, the eternal affairs of the school would be entirely managed by a duly approved managing committee) also filed a writ petition for getting a special constitution for the managing committee of the school. Both the writ petitions were heard analogously by the hon'ble judge and disposed of accordingly with the order mentioned previously. Further it stated that if the demand for the special constitution is granted for the school,then the ad hoc committee would function accordingly to set up the managing committee, or if the demand is declined, the ad hoc committee would function until a managing committee is formed. The time limit for appointment of the said ad hoc committee was seven days from order and the secondary board was directed to make known their decision within two weeks, whether a special constitution would at all be granted or not.
Now the secondary board has declined to grant them a special constitution and has continued with a given structure of ad hoc committee for administering the school. Unfortunately it took almost more than three months for the secondary board to finally approve the names of the members of ad hoc committee, after several intra-office communications between the district school inspector, the sub divisional officer and the secondary board itself. But when the members of the ad hoc committee came to take charge hand over of the school from the defunct committee, the self-proclaimed president of the defunct committee denied to transfer the charge and administration of the school on the ground that another writ petition has been filed by the society as they are not satisfied with the structure of the ad hoc committee.
Here is my question. Is this matter now really subjudice? As per my understanding, the previous writ petitions were heard analogously and disposed of accordingly with a direction upon the board of secondary education to constitute an ad hoc committe for the purpose of administering the school,and till date that order has not been challenged or no appeal has been made to any higher court to subvert it. Hence can any action based upon that order be barred merely due to the fact that another writ petition has been filed with a different cause of action?
