ABDUL AWAL Vs. PRESIDENT / CHAIRMAN

JUDGEMENT

(1.) THIS writ application under Article 226 of the Constitution of India has been filed by the petitioners alleging inaction on the part of the respondents authority namely the Chairman, Ad -hoc Committee, District Primary School Council, Murshidabad and District Inspector of Schools (Primary Education), Murshidabad, the Circle Inspector, Primary Education Bhagabangola , South Circle, District Murshidabad, the director of School Education Primary Branch, west Bengal Bikash Bhavan, Salt Lake, Kolkata and the State of West Bengal through the Secretary, Education Department, Bikash Bhavan, Salt Lake to consider the applications and representations of the petitioners for recognition of Benipur Girls ' Primary School. It is the case of the petitioners that the village Benipuris the most backward area under Ranitala Police Station in the District of Murshidabad and there was / is no girls ' primary school within the distance of 4 and 5 miles from the village Benipur.

(2.) THE villagers of Benipur erected a school building upon a plot donated by one Erfan Ali Mondal consisting of four class rooms for girls students. T he villagers also formed a committee for running the said school. The Secretary of the said managing committee duly informed the District Primary School Board for granting recognition of Benipur Girls ' Primary School. The office bearers of the Managing Committee appointed the petitioners as Headmaster and Assistant Teachers of the said school through a resolution dated 30.03.1974. The petitioners have been functioning since long as a teaching staff without any remuneration. The President (Chairman), Ad -hoc Committee, Murshidabad District Primary School Council made an inspection of Benipur Girls Primary School through the Inspector of Schools and it is alleged that the Inspector of Schools Primary Education submitted report to the District Primary School Council recommending for recognition of the school as well as the approval of the teaching staffs. The respondent No. 1 did not take any positive action for recognition of the said schools and approval of the petitioners as teaching staffs.

(3.) THE petitioners being aggrieved by and dissatisfied with the inaction on the part of the respondents have preferred the present writ application on the ground that the petitioners are entitled to get appointments with the recognition of the school as they have been working in the said school as organising teachers since long further that in view of the provisions of Article 14, 16 and 30A of the Constitution of India the petitioners are entitled to be recognised as teaching staffs of Benipur Primary Girls ' School as the petitioners have passed the golden part of their lives for the better cause for eradicating illiteracy among the girls of the locality. Mr. Harun -Al -Rashid appearing on behalf of the petitioners submits that the petitioners are the organising teachers of the Benipur Girls ' Primary School in the district of Murshidabad.