PRASANTA KUMAR DAWN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in this writ petition is a Memo dated 6 February, 2014, issued by the Secretary, West Bengal Board of Secondary Education (hereinafter referred to as 'the Board'). By the said Memo it was communicated to the petitioners that Haripur Junior High School, Burdwan hereinafter referred as 'the said school') had been granted permanent recognition by the Administrator of the Board with effect from 01.01.2014. The material facts of the case culminating in the present writ petition are as follows.

(2.) The petitioners as organizing teachers and non-teaching staff claim to have set up the said school in the year 1981. By a Memo dated 14 September, 1999, the Board granted provisional recognition to the said school as a 'new set up' for class V to class VIII for a period of one year with effect from 1 May, 1999 with the condition and instruction that the said school shall take immediate steps for appointment of teaching staff on recommendation of the West Bengal Regional School Service Commission in respect of the region concerned after observing the procedure defined in Rule 6(2) and Rule 6(3) of the West Bengal School Service Commission Rules, 1997 and in respect of nonteaching staff by obtaining names from the Employment Exchange as also by observing other procedures in accordance with the existing Recruitment Rules issued by the DSE, West Bengal.

(3.) Being aggrieved by the recognition granted to the school as a 'new set up', the organizing teacher and non-teaching staff of the said school challenged the same by filing a writ petition being WP No.18951 (W) of 1999. The writ petition was disposed of by a Learned Single Judge by a judgment and order dated August 27, 2003. The material portion of the said judgment and order reads as follows: