ORGANISING MANAGING COMMITTEE KENDUA RAKSHAKALI VIDYAMANDIR Vs. WEST BENGAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) The Court: This is an application in the nature of writ petition arising out of non-consideration of recognition of the Institution.

(2.) The impugned order under challenge is at page 264 of the writ petition being No. S/280 dated 19th September, 1997 being annexure 'W' to the writ petition whereunder the following grounds of refusal are set out:

(3.) According to Mr. Arun Prakash Sarkar, learned senior counsel, appearing in favour of the petitioners that the order of refusal is mechanical in nature and covered by a Division Bench judgment of this Court being 1998 (1) CLJ 141 (Nabadwip Chandra Das & Ors. v. West Bengal Board of Secondary Education & Ors.). In such well known judgment, in fact, the Division Bench of this court reiterated the principles laid down by the Hon'ble Supreme Court as reported in 1993(1) SCC 645 (Unni Krishnan v. State of Andhra Pradesh) to the extent of observation that the citizens have fundamental right of education as flowing from Article 21 the Constitution of India. Therefore, it is desirous that educational Institution should be given recognition and/or affiliation which is very lifeblood of a private Educational Institution and without such recognition if the studies in the private Educational Institution continues the same may be rendered infructous in effect to achieve the goal of education of the Students.