I.P. Mukerji, J. - (1.) By this writ recognition is sought for Kantinagar Mahapran Jogendra Vidyamandir, a school situated in district Nadia, West Bengal. The history of the attempt of the school to seek recognition is very long. I will start from 1994. For the purpose of recognition of schools, a district level inspection team had inspected schools in that district. On the basis of their report the Directorate of School Education Government of West Bengal had recommended five schools in order of preference, for recognition. The above school was first in that list. That recommendation is dated 25th March 1994. Since the school was not recognised, a writ application was filed in this Court being W.P. No. 4403(W) of 2000. In that writ an order was passed on 26th April 2002 directing the respondents to take a decision with regard to recognition of the school. It seems that nothing was done. In the circumstances a contempt application was made in this Court alleging violation of the order dated 26th April 2002 being W.P.C.R.C. No. 11961(W) of 2003. What was the ultimate out come of this contempt application has not been placed before me, but I do notice in the judgment and order dated 15th September 2004 in that application that the following observation has been made by Girish Chandra Gupta, J: So far the reasons No. 1 and 2 indicated in the order dated 9th August 2004, are concerned this Court has no doubt that they were already there when the recommendations were made. If the third reasons has come into existence sub subsequent to the recommendation, then adequate provision can be made for removal of those teachers. The fourth reasons also does not appear to be a cogent one because reserve fund whatever the school have was already known. Therefore, this Court is satisfied that the order passed by this Court on 26th April 2002 has not been carried out according to its letter and spirit. This Court, however, is inclined to give one more opportunity to the alleged contemnors to reconsider the matter and to pass appropriate order. Matter will appear one week after vacation. It is made clear that unless convincing reasons are assigned for refusing to recognise the school of the petitioners, this Court may have to pass drastic orders against the erring officials. Let Xerox plain copies of this order, duly countersigned by the Assistant Registrar (Court), be supplied to the learned advocates appearing on behalf of the parties on their usual undertakings.
(2.) In purported compliance of the order of Girish Chandra Gupta, J. dated 26th April 2002 in the main writ application, the West Bengal Board of Secondary Education made a decision on 20th January 2005 regarding recognition of the school. I have perused that decision. That decision is an empty formality in purported compliance of the said order of Girish Chandra Gupta, J. It is empty, it has no contents. It will be futile for a court exercising writ jurisdiction to examine this decision and evaluate its merit.
(3.) One thing appears from this decision that accord of recognition by the West Bengal Board of Secondary Education would depend on the recommendation for recognition by the Principal Secretary for School Education Department, Government of West Bengal. In my opinion, there is no necessity of any district level inspection report being made afresh. If the school was recommended for recognition on the basis of such inspection, on 25th March 1994, some good cause had to be shown why such recognition could not be granted. There is no reason whatsoever advanced by the Board or the State Government against recognition of the school. In my opinion, no further opportunity should be given to any of the respondents to consider the question of recognition of the school. Giving these authorities opportunity to consider would result in further delay in making the consideration and if consideration is made at all, after such delay a decision like the one dated 20th January 2005 would be passed which is devoid of any substance whatsoever.;