Amitava Lala, J - (1.) . - The writ petition has been made by the Headmaster, other organising teaching and non-teching staffs of the concerned School for the purposes of upgradation of the same.
(2.) It appears that the petitioners have, in effect, challenged the impugned order passed by the President of the West Bengal Board of Secondary Education as on 16th November, 1998 as communicated by the Secretary, being annexure 'G' to the writ petition. Four grounds have been taken therein for the purpose of refusal of upgradation of the Institution which are as follows:- (1) The School did not apply to the Board for upgradation on or before 1975 with prescribed fee of Rs. 25/- which is pre-requisite condition for upgradation of a School; (2) The Reserve Fund of the proposed School has only been opened on 15.05.98; (3) There is no Jr. High School within a distance of 5 km. from the proposed school and as such there is no feeder schools of the proposed High School. Moreover, there are three High Schools within 6 km. amd thus no new upgraded school is needed in the area; (4) The D.L.I.T. has found some discrepancies in books of accounts of the school which does not indicate a good management; (5) Class rooms are not upto the prescribed size.
(3.) I have already held that there is a gulf of difference in between recognition and upgradation of institutions in other matter. In one matter baby is yet to born and in other nourishment of the baby born. Principles of recognition of the institution and objection, if any, to that extent on behalf of the Board or the State cannot be similarly placed in the case of upgradation. Upgradation means the School is already recognised and in view of such recognition the School is continuing with studies of the students as recognised institution upto certain level and upgradation is needed for the upliftment of the students, who are prosecuting their studies in a recognised institution. Therefore, the bounden duty of the State is to ensure such prosecution of studies. But in most of the cases, as I have come across, the Board of Secondary Education, in passing the order, is treating the case of upgradation similarly with the recognition which, according to this Court, is a wrong principle of law. Recognition might or might not be accepted by the Board but improvement of the Institution towards upgradation following the principles as laid down in Unni Krishnan's case reported in 1993(1) Supreme Court Cases 645 is obvious.;