The high court has ruled that the governing body of Rani Birla Girls’ College cannot suspend its principal. A division bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra passed the order on Friday, upholding an earlier judgment by a single bench that had reinstated the principal.

The bench observed: “From the records and the arguments as advanced, it clearly appears that there is a dispute regarding the existence and constitution of the governing body (GB). There is no infirmity in the prima facie finding of the learned judge that ‘the reconstitution of the GB is yet to take place’.”

It added: “In the absence of a GB, the nominee members... could not have issued the show-cause and suspension order, more so when the election of teaching staff in the GB is still awaited.”

Rani Birla college is a government-aided institution affiliated to Calcutta University.

The appeal was filed by Kajari Banerjee, president of the governing body and a Trinamool Congress councillor, challenging the reinstatement of principal Srabanti Bhattacharya by Justice Bibhas Pattanayak on September 16. Following that order, Bhattacharya resumed office on October 18.

Banerjee’s counsel argued that the GB had the jurisdiction to suspend the principal in the interest of academic discipline and administration. The action, counsel said, was neither arbitrary nor mala fide.

Bhattacharya had been issued a show-cause notice on July 3 and removed from the post on August 25.

Her lawyer told the court that Banerjee, as a councillor, does not qualify as a person “interested in education,” a legal requirement for GB presidents.

Bhattacharya said the election of teaching representatives, due in June, could not be held because nominee members created impediments.

Repeated calls from this newspaper to Banerjee went unanswered.