DEBASISH KAR GUPTA,J. - (1.) This writ application is filed by the petitioner assailing the order dated June 11, 1997 passed by the Deputy Secretary to the Government of West Bengal, School Education Department, Secondary Branch as also the order dated September 6, 2000 passed by the West Bengal Board of Secondary Education. By virtue of both the aforesaid orders, the recognition of Sailpukur Balika Vidyalaya (IV Class Junior Girls' High School), Post Office - Chabukia Uttarbar via Sabang,, District - Purba Midnapore was rejected by different authorities.
(2.) This matter has a chequered history as follows : Sailpukur Balika Vidyalaya (IV Class Junior Girls' High School), Post Office - Chabukia Uttarbar, via Sabang, District - Purba Midnapore (hereinafter referred to as the 'said school') started function in or about 1970. An application dated March 2, 1970 was submitted by the petitioner to the West Bengal Board of Secondary Education for granting recognition to the above school. The respondent no. 5 conducted an inspection on May 20, 1971 in the said school and submitted his report dated June 9, 1997 to the respondents/authorities Since no further step was taken by the respondent-Board for the purpose of recognising the above school, the petitioner submitted a representation dated January 2, 1981 to the Director and Ex Officio Joint Secretary to the Government of West Bengal, Scheduled Casts and Tribes Welfare Department. The above representation was forwarded to the respondent no. 5 for recognition of the aforesaid Ashram Type Girls' Junior High School. The respondent no. 5 conducted a further enquiry in the matter and submitted his report dated September 25, 1981 to the respondent no. 4 but no further step was taken in the matter. Consequent thereupon, an application under Article 226 of the Constitution of India bearing Matter No. 1021 of 1995 ( In Re : Bipin Bihari Barman v. State of West Bengal and Others ) was moved and the same was disposed of on Saugust 20, 1996 with the following directions : "(a) The Director of School Education shall collect all the papers including inspection reports and forward the same to the Secretary, Education Department as early as possible and preferably within a period of two weeks from the date of communication of this order. (b) The Education Department of the State of West Bengal keeping in view the fact that the matter is pending for a long time shall scrutinise all the papers and send its recommendations, if any, for up-gradation of the school to the West Bengal Board of Secondary Education at an early date and preferably within a period of two weeks from the date of receipt of such records from the Director of School Education. (c) The West Bengal Board of Secondary Education is hereby directed to pass an appropriate order in the event such recommendations are received as regards prayer of the 3 petitioner relating to the up-gradation of the school at an early date and later than two weeks from the date of receipt of such recommendation. (d) Liberty is granted to the petitioner to forward a copy of the writ application to the Director of School Education together with the copy of this order." By an order dated October 14, 1996 passed in the above Matter No. 1021 of 1995 the word 'up-gradation' was replaced by the word 'recognition' in the order of disposal of the above writ application dated August 20, 1996.
(3.) Thereafter, the petitioner had to move a number of applications under the Contempt of Courts Act, 1971 for alleged noncompliance of the aforesaid order dated August 20, 1996 passed in Matter No. 1021 of 1995. Such a contempt application bearing C.C. No. 320 of 1999 filed by the petitioner in the above writ application was disposed of by an order dated May 16, 2000. The above order is quoted below : " PRESENT The Hon'ble Justice Satyabrata Sinha. 16.5.2000. Dictated Order. THE COURT : Pursuant to the Order dated 10.5.2000 the alleged contemnor is personally present in Court. It is submitted by Mr. Basu Choudhury that this contempt was filed because despite existence of various inspection report another inspection was held. The learned counsel states that the said inspection report has been cancelled. The learned counsel states that the order of the Court dated 6.8.98 shall be complied with on the basis of the inspection reports which were already existing at the time of passing thereof. The said order, according to Mr. Basu Choudhury, shall be complied with within four weeks from date. In view of the submissions aforementioned, the contempt application is disposed of with a direction upon the alleged contemnor to comply with the Court's order dated 20.8.96. All parties are to act on a signed xerox copy of this dictated order on usual undertaking. Sd/ Satyabrata Sinha, J";