SAMBUDDHA CHAKRABARTI, J. - (1.) This appeal arises out of a judgment and order, dated September 22, 2017 passed by a learned Single Judge in W.P. No. 7040 (W) of 2016 setting aside the order impugned in the writ petition. However, the learned Single Judge upheld that the part of the impugned order by which the requisite number of posts for the school was determined should immediately be sanctioned by the Secretary, School Education Department, Government of West Bengal within three months from the date of communication of the order. The Secretary has also been directed to sanction two non-teaching posts in terms of prayer B to the writ petition and the remaining part of the same prayer is to be implemented by the District Inspector of School (SE), Barrackpore, within a period of three months.
(2.) The writ petitioner no. 1 is the Managing Committee, Vidya Vikash High School (H.S) (the school, for short) and the writ petitioner no. 2 is its Secretary. The writ petition mentions the following facts: the school was established in the year 1970 in the vicinity of a thickly populated area within an industrial belt where employees of jute mills, railways and different factories reside. To impart education, late Dinanath Shaw decided to establish the school with the help of local inhabitants who were the guardians of their wards. The school was initially started as a Hindi and an English medium school. The organizing committee had to appoint a good number of teaching and non-teaching staff. In the year 1990 a large number of guardians along with the late founder of the school moved a writ petition and a learned single judge by a judgment, dated January 29, 1991 directed the Secretary of the School education to send recommendation for recognition of the school to the West Bengal Board of Secondary Education (the Board, for short). The Board was further directed to act in terms of the provisions of law read with the government orders.
(3.) In the year 1993 an inspection of the school was conducted which revealed that run both in the morning and day shifts the school had 32 class units. On the basis of the recommendation of the government the Board granted recognition to the school for classes V to X with co- education with effect from May 1, 1993. The petitioners claim that for 32 class units the school is entitled to have 58 teaching and 5 non-teaching staff under the existing norms of the state government.;