INTERMEDIATE AND SECONDARY EDUCATION ORDINANCE, 1961 (XXXIII of
Removal from Service of a teacher of a
secondary school—Whether can be removed without drawing up a proceeding
against him?— The law contemplates a proceeding for removal of a teacher and if
there is a proceeding, it needs be initiated and conducted in accordance with
the provisions of law, namely that in the proceeding drawn against him, he must
be given a reasonable opportunity of controvert the allegations made against
him and be allowed to lead evidence in support of his case and if that is not
done, the proceeding would be coram non jaundice.
Sardar Ahmed Ali Vs. G.M. All Baksha and
others, 4 BL D(HCD)309
Boards power—The Board has power to
make any regulation for the purpose of carrying into effect the provisions of
the Ordinance generally though some particular subjects are enumerated in
section 39(2), which are not exhaustive. Moreover section 39(2)(ii) empowers
the Board to frame regulations for granting and withholding of certificates.
no regulations for withdrawing certificate, in particular, has been framed, the
Board is not powerless if unfair means is found to have been adopted and it is
detected after the result is published and the certificate is granted as the
law has given it the power to do so.The Board is the sole authority to maintain
and preserve discipline to hold examination properly and to take action in
accordance with the relevant Ordinance and the concurred Regulations after
holding enquiry where necessary. Such proceeding is domestic and administrative
one and is not judicial or quasi-judicial proceeding and as such the Code of
Civil Procedure or the Evidence Act has no application thereto and the Enquiry
Committee is under no obligation to allow the student concerned to
cross-examine any witness.
is sufficient if the student is given opportunity of being heard and to explain
his case against the allegation on which the proposed punishment is based.
Nafiul Majid Vs. The Secretary and Higher Secondary Education Board, Jessore
and others, 12BLD (HCD)79
A.I.R. 1961 (All) 301; A.I.R. 1948 (Jammu and Kashmir) 40—Cited.