DARSAN SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS writ petition has been filed by the members of an Organizing Managing Committee of junior High School named Panisala Junior High School. In this writ petition the petitioners have challenged an order dated 11th October, 2007 (Annexure P -7) passed by the Secretary, West Bengal Board of Secondary Education granting recognition to the school as a new set up Four -Class Junior High School and a order dated 7th April, 2011 issued by the Secretary, West Bengal Board of Secondary Education under letter No.78/C (Law) dated 7th April, 2011 with regard to recognition of Panisala Junior High School, Dakshin Dinajpur and thereby granting first recognition to Panisala Junior High School as Four -Class Junior High (V to VIII) with retrospective effect from 1st May, 2001 but with a specific bar that there will be no financial assistance. In brief, the writ petitioner's case is as follows: -

(2.) AGGRIEVED by the said communication dated 20th June, 2001, particularly the grant of provisional recognition to the Junior High School as a newly set up one school, the petitioner filed a writ petition being W.P. No.5132(W) of 2001. On the said writ petition this Hon'ble Court passed an order on 2nd April, 2003. In the said order it has been observed and directed as follows: -

(3.) BY the aforesaid order the District Inspector of Schools, Dakshin Dinajpur, was directed to constitute a fresh District Level Inspection Team for taking into consideration all the aspects as per notification dated 26th April, 1978 and the same was to be constituted within 8 weeks from the date of communication of the said order. Further, the District Level Inspection Team was directed to prepare its report and to send the same to the Director of School Education within four weeks from the date of completion of inspection. The Director of School Education was directed to the effect that after receipt of the report he would send his recommendation and the report within a period of four weeks to the Secretary, Education Department, Government of West Bengal and who should do the needful on his part and would send the same to the Board within a period of six weeks from the date of receipt of the same. The Board was directed that either it shall or in the event constitution of the Executive Committee was not possible, within short time, the President, by exercising his power under Section 28 of the West Bengal Board of Secondary Education Act, 1963, would decide the matter afresh in the objective manner taking into consideration of the earlier report within a period of 12 weeks from the date of receipt from the Secondary Education Department, Government of West Bengal. The said order was considered by the Recognition Committee but they regretted their inability to recommend Panisala Junior High School for recognition and thus, the prayer for recognition was rejected. An application for contempt was filed by the petitioners being W.P.C.R.C. 25304(W) of 2005 and on the contempt application an order was passed on 11th July, 2007. The said order is set out below: