Arijit Banerjee, J. - (1.) The subject matter of challenge in this writ petition is a Memo dated 6 February, 2014, issued by the Secretary, West Bengal Board of Secondary Education (hereinafter referred to as 'the Board'). By the said Memo it was communicated to the petitioners that Haripur Junior High School, Burdwan hereinafter referred as 'the said school') had been granted permanent recognition by the Administrator of the Board with effect from 01.01.2014. The material facts of the case culminating in the present writ petition are as follows.
(2.) The petitioners as organizing teachers and non-teaching staff claim to have set up the said school in the year 1981. By a Memo dated 14 September, 1999, the Board granted provisional recognition to the said school as a 'new set up' for class V to class VIII for a period of one year with effect from 1 May, 1999 with the condition and instruction that the said school shall take immediate steps for appointment of teaching staff on recommendation of the West Bengal Regional School Service Commission in respect of the region concerned after observing the procedure defined in Rule 6(2) and Rule 6(3) of the West Bengal School Service Commission Rules, 1997 and in respect of nonteaching staff by obtaining names from the Employment Exchange as also by observing other procedures in accordance with the existing Recruitment Rules issued by the DSE, West Bengal.
(3.) Being aggrieved by the recognition granted to the school as a 'new set up', the organizing teacher and non-teaching staff of the said school challenged the same by filing a writ petition being WP No.18951 (W) of 1999. The writ petition was disposed of by a Learned Single Judge by a judgment and order dated August 27, 2003. The material portion of the said judgment and order reads as follows: "....In fact the concerned District Magistrate recommended for recognition. This process was continuous process from the date of setting up the Junior High School. However, at the time of giving recognition by the communication of the order of the Board dated 14 September, 1999, the recognition was given as 'new set up' from class V to class VIII i.e. Junior High School. I have already held by delivering a judgment that the words 'new set up' are misdemeanour in WP 45(W) of 2000 (Sk. Asgar Ali & Ors. v. State of West Bengal & Ors.) as well as in WP 4684(W) of 1999 (Gobardhan Prodhan & Ors. v. State of West Bengal & Ors.) along with other cases. ......................... The words 'new set up' are unknown to the rule. The 'newly recognized institutions' or 'newly upgraded institutions' mean it has been set up on that very day when the recognition was given. Whenever a school is already existing for years together and on the basis of various representations the Governmental authorities thought it fit that the Governmental recognition of such institution will be given that cannot be construed as 'new set up' because it will relate back to the original day of setting up of the same. However, to avoid the financial stringency, normally the court directs to regularize the service of the organizing staff from the date of recognition or upgradation but that does not necessarily mean the characteristic of the institution will be governed by an unknown nomenclature 'new set up'. Thus, I hold that the 'new set up' in the order impugned of the Secretary on the basis of the decision of the Board dated 14 September, 1999 is misdemeanour. Therefore, the school cannot be construed as 'new set up'. Consequently, recognition of the services of the existing teaching and non- teaching staff will be considered provided their names are reflected from the District Level Inspection Team's report, as if they are in services at the time of the existence of the school. Therefore, I direct the District Inspector of Schools (SE) Burdwan, respondent no.3 herein, to form a District Level Inspection Team within a period of two weeks from the date of communication of this order and all the members of the District Level Inspection Team will make an Inspection of the School in question and furnish a report within a further period of two weeks thereafter and the concerned District Inspector of Schools after receiving the report will pass an appropriate order for approval of the organizing teaching and non-teaching staff within a period of one month from the date of communication of this order....".;