PANANI BHUSAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two writ applications are being decided by this common judgment.

(2.) Over the years, the Government of West Bengal has made a very comprehensive and rational body of legislation and administrative rules for educational institutions, for their recognition, management, appointment of staff, granting of aids and acquiring qualifications by students. We are here concerned with a non government aided secondary school which is part of that system.

(3.) Two fundamental elements of the educational policy of the Government of West Bengal have to be looked into to decide this writ application. One is the policy of providing government aid to educational institutions. The other is its making recommendation for recognition of educational institutions. On its recommendation, the concerned board of education under the respective Acts, recognizes an educational institution for the purpose inter alia of allowing students of that school to sit for the board examination and qualifying in it. Very often these two types of recognition are overlapping or made concurrently. An institution may be recognised by the board on the recommendation of the State Government as well as granted aid by it more or less at the same time. If an educational institution is granted aid by the state, then that institution has inter alia to make appointment of its teaching and non teaching staff according to the statute or administrative rules made by the government. For example, the West Bengal School Service Commission Act, 1997. An educational institution might remain completely private in its management, without seeking any aid from the government. Yet that institution may be recognised by the board for the purpose of taking of examination by its students. However, if a particular educational institution is recognised by the board as well as aided by the government financially, then appointments to that institution, as stated by me above have to be made according to governmental rules.