STATE OF WEST BENGAL Vs. SUSHIL KHAN

JUDGEMENT

(1.) In 1992 the villagers in or around the area covered by P.S- Joypur in the district Howrah decided to set up a junior high school which would be named Shibgachia Junior High School, having Classes V and VI. The person behind this mission was one Dr. Durgapada Patnayak. An organizing committee was formed in which Dr. Patnayak was elected as Secretary. Thereafter, both teaching and non-teaching staff of the school were recruited. The school started functioning on 2/5/1992 from a rented house. On 2/5/1996, one Gandhi Charan Deria gifted a plot of land to the school. It also received donations to run it. After the school became functional, on 31/5/1994 the Committee applied for its recommendation as a junior high school (co-educational) to the Director of School Education, a copy of which was forwarded to the Secretary, West Bengal Board of Secondary Education. The Managing Committee on 10/6/1994 took a resolution to upgrade the school to Class IX and X.

(2.) On the date of presentation of the writ application, the school had thirteen assistant teachers, one clerk, one matron and two class four staff. It is housed in a two storied building having ten rooms. From the donation received by it, it has opened an account with term deposit with Allahabad Bank, Jhikira branch. The name of the school was changed from Shibgachia Junior High School to Shibgachia Dr. Tinkari Pattanayak Siksha Niketan.

(3.) After several rounds of litigation, orders passed therein and contempt proceedings, inspection of the school by the district level inspection team was initiated.