SARASWATI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BUNCH of writ applications including the present one have been filed either by the organizing teachers or by the managing committee of the organizing school for issuing the writ of summons commanding the respondent authorities to act in terms of the direction made in the Division Bench judgment dated 12th December 1996 of this court in case of West Bengal Board of Secondary Education Vs. State of West Bengal and Ors. reported in 1997(1) CLJ 165. Providing education to the tender children is one of the fundamental duty casted upon the State/Government under the Constitution of India. Even prior to the existence of the Constitution of India providing education at the primary level was one of the paramount consideration before the sovereign which led the sovereign to enact Bengal Local Self Government Act of 1885. However, the provision relating to primary education was taken away from the said act of 1885 and came to be vested upon enacting the Bengal (Rural) Primary Education Act 1930.

(2.) PRIOR to such enactment even thereafter several private organized primary schools mushroomed throughout the state which were established and organized by the educated persons of that locality. Several schools were established with the help of the local affluent people who were generous enough to give their land to the noble cause of providing education to the tender children of the locality with the help of the educated persons. To run such institutions smoothly managing committee was constituted which includes the local influential persons along with teachers who were rendering their services to take the tender children of the localities.

(3.) THE said old Rule 3D was subsequently amended and the right which was conferred upon the organizer teacher of the recognized school was taken away upon insertion of new Rule 3D.