SHRI JHALU ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By consent of parties, this writ application was taken up for hearing and as the learned counsel for the parties submitted before me that in view of the involvement of question is issue in this writ application, no direction for filing affidavits would be required and the writ application itself could be treated as on day's list and disposed of.

(2.) In view of the stand taken by the learned counsel for the parties I hear them and this writ application is now being disposed of by this judgment.

(3.) This case has a chequered history. The writ petitioner Nos.1 to 4 are the members of the teaching staff of Kamal Dighi Sarkaru Sarkar, Junior High School, Village Kamaldighi, P.O. Dhums Dighi, Dist. Malda (herein after referred to as the "said school). The writ petitioner Nos.5 to 8 are the members of non teaching staff of the said school and the writ petitioner No.9 is the secretary of the said school. In the year 1994, the President and the secretary of the school along with two other teachers of the same moved an application under Article 226 of the Constitution in this Court which was registered as Civil Order No. 2690(W) of 1994. The said writ application was disposed of by Paritosh Kumar Mukherjee (as His Lordship then was) by directing the District Inspector of Schools, S.E. Malda to take necessary steps for appointment of a District Level Inspection team to enquire into the affairs of the aforesaid school and to submit a report before the State Government for being forwarded to the West Bengal Board of Secondary Education for granting recognition. In spite of receiving the communication of the order of Paritosh Kumar Mukherjee, J. (as His Lordship : then was), no step was taken for holding such inspection till 27th June, 1994. However, in the meantime, the Headmaster of the school received a letter from the Secretary of West Bengal Board of Secondary Education conveying to him that by an order dated 15th January, 1999 the President of the Board had rejected the prayer of the school for grant of recognition. Since the writ petitioners Nos.1 to 8 were directly affected by the aforesaid rejection, they moved another writ application being Co. No.8731(W) of 1996 challenging the aforesaid order of rejection, issued by the Secretary, West Bengal Board of Secondary Education by which the recognition of the said school was rejected. The other writ petition came up for final hearing before Mr. B.P. Banerjee, J. (as His Lordship then was) on 21st January, 1997 and B.P Banerjee, J. set aside the said order of rejection of the Board as in the opinion of His Lordship the power to grant or review of the prayer for recognition to any institution was expressly conferred upon the Executive Committee of the Board under section 19A (3) (c) of the West Bengal Board of Secondary Education Act, 1963, the president of the Board could not exercise the power and function of the executive committee in the facts and circumstances of this case. Taking this view, B.P. Banerjee, J. (as His Lordship then was) directed the executive committee to consider the prayer for grant of recognition in terms of the order passed by Paritosh Kumar Mukherjee J. within a specified period of time. Liberty was also given to the writ petitioner to make an application before the Executive Committee of the Board taken grounds to challenge the validity of the grounds taken by the President of the Board in the said memo and such grounds must be taken into consideration by the Executive Committee in accordance with law.