A division bench of the high court on Monday stayed a single judge’s order dismissing petitions that challenged changes to the constitution of the board of governors of the La Martiniere schools.
The bench restored an earlier order and directed that the current board should refrain from taking any management decisions concerning the two schools, except those related to routine day-to-day functioning.
The division bench of Justice Rajasekhar Mantha and Justice Rai Chattopadhyay said the “directions contained in the order dated 13th July, 2023, passed by a co-ordinate bench... shall stand revived and continue to operate until disposal of the instant appeal”.
The court said that the single bench “may have fallen in error in holding that a fresh suit... cannot be maintained merely because an earlier suit was pending”.
“There can always be new allegations and grounds of mismanagement or acts and omissions alleged against governors or persons in management of the school, or any institution for that matter. It is human nature to find new ways to obviate the law for collateral purposes,” the court said.
The board of governors of La Martiniere is supposed to have 12 ex officio members, including the governor and the chief justice of the high
court, provided they are Christians.
Most seats on the board remain vacant because of the condition. The current board comprises only two ex officio members — the bishop of Calcutta and the presbyter of St Andrew’s Church. They appoint four additional members each year to govern the schools.
The petition that led to the latest order had been filed and argued by old boys who are fighting the case pro bono.
“This order has given hope to everybody. The litigants are old boys, and the lawyers representing them are old boys, too. We are Martinians, and we would continue to be there. Alma has taken it upon itself to restore the school’s glory,” said Rachit Lakhmani, one of the lawyers representing Alma (Association of La Martiniere Alumni).
Another alumnus, Ranjan Bachawat, is representing the old boys and former Anglo-Indian MLA Shane Calvert. Advocate Jishnu Saha argued for Anil Mukerji. Both are former students of La Martiniere.
“As Alma members, we are concerned about financial irregularities in the school, and we are fighting for the restoration of the Will of the Founder and subsequent court decrees, which never wanted the school to be run by one person,” said Vishal Jhajharia, the association’s immediate past
president.
Paritosh Sinha, representing the schools, said the order was an interim arrangement pending the hearing of the appeal and allowed the schools to continue their day-to-day functioning.