DIRECTOR OF SCHOOL EDUCATION Vs. DILIP KUMAR SARKAR

JUDGEMENT

(1.) This appeal is directed against an order, dated December 12, 2016 passed by a learned Single Judge in W.P. No. 3783 (W) of 2006. By the said order the learned Single Judge observed that the right of the writ petitioners for being treated as organizing teachers had accrued in their favour in 1995 when they were appointed as organizing teachers. The District Inspector of Schools (SE), Siliguri, i.e. the respondent no. 3 to the writ petition was directed to take appropriate steps in terms of the said observations.

(2.) The case of the writ petitioners inter alia is that Champasari Junior High School was established in 1995 in the district of Dargiling for the benefit of the local people on a piece of land donated by two tea estates. The school authorities constituted the managing committee and made several representations before the District Inspector of Schools (SE) as well as the West Bengal Board of Secondary Education praying for recommendation of the said school. The managing committee appointed the petitioners as members of their staff. Subsequently, the name of the school was changed to Amiyo Pal Chowdhury Smriti Vidyalaya at the behest of the District Level Inspection Team. The petitioners have alleged that there was a clear understanding that after the change of the name the school would be recognized and there would be no necessity for starting a new school. With the change of the name there was no change in the constitution or the functioning of the school.

(3.) By a communication, dated June 20, 2001 the Secretary of the West Bengal Board of Secondary Education informed the Secretary of the Organizing Committee of the school that the president conveyed grant of provisional recognition from Class V to Class VIII (newly set-up) of the school for a period of one year with effect from May 1, 2001 with the condition and instruction that the school would take immediate steps for appointment of teaching staff on the recommendation of the West Bengal School Service Commission for the concerned region after observing the procedure laid down in Rule 6(2) and Rule 6(3) of the West Bengal School Service Commission Rules, 1997 and in respect of non-teaching staff by obtaining names from the Employment Exchange as also by observing other procedures in accordance with law. It was further directed that the school after obtaining a Clearance Certificate from the District Inspector of Schools (SE) was to apply to the West Bengal Board of Secondary Education for formal recognition. Until formal recognition was granted by the Board the school would not admit any student in any class.