Amitava Lala, J. - (1.) The petitioner has challenged the impugned order passed by the President of West Bengal Secondary Education in exercise of the power conferred upon him under Section 28(2) of the West Bengal Board of Secondary Education Act, 1963 as amended and on the basis of the resolution dated 31st July, 1998 of the Executive Committee of the Board which was communicated by the Secretary of the Board under such impugned order dated 19th February, 1999.
(2.) It appears from the impugned order that the upgradation of the School was disallowed by the Board on various grounds which are as follows: "(a) The appointments of the teaching and non-teaching Staff as organiser were not made admissible in G.O. 117-SE dated 24th February, 1995; (b) Though there is a Girls High School at 10 Km. away from the petitioner School, yet there are several High Schools within a radius of 2 to 5 Km. with co-educational facilities from the petitioner School; (c) Furniture as well as sanitary arrangements of the petitioner's School are not adequate; (d) As the Board has already recognised other Secondary Schools in the area, it cannot be said that right to education of children guaranteed as fundamental right under Article 21 of the Constitution of India has been affected/infringed with".
(3.) Challenging the said impugned order, the writ petition has been made. Mr. Ashok De, learned senior Counsel, appearing on behalf of the petitioner has contended that this is a third attempt on their part and the upgradation was refused by the authority for some reason or other. In any event, the grounds as taken by the Board are not acceptable grounds for the purpose of non- consideration of their case as to the question of upgradation in compliance with the earlier order passed by a Single Judge of this Court on 14th January, 1998 in W.P. No. 149(W) of 1998 (Mr. Sutashar Kanti Barik & Ors. v. State of West Bengal & Ors.).;