KISMAT ALI Vs. CHAIRMAN NADIA DISTRICT

JUDGEMENT

(1.) THIS writ petition has been filed by the organizing teachers and 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 v. State of West Bengal & Ors. reported in (1997)1 Cal LJ 165.

(2.) 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.

(3.) ALTHOUGH the schools which were set up by the organizer teachers and was managed through a Managing Committee were recognized under the said recognition rules but the appointment of the organizer teachers were not approved. ALTHOUGH the recruitment rules of 1940 was enacted on 25th July, 1940 but the right of the organizer teacher for being appointed with prior approval of the Director of the Public Instruction, West Bengal was established by introduction of Rule 3D of the Recruitment Rules which was framed in exercise of power under Section 66 of the said Bengal (Rural) Primary Education Act, 1930.