- (1.) This writ petition was moved on behalf of Sk. Hatem Ali and 14 others, claiming themselves to be the Guardians of their respective Wards, residing in the village Rajibpur, P.O. Achipore, District 24-Parganas (South), challenging a communication sent by the Secretary of the West Bengal Board of Secondary Education dated 22/02/1988, intimating that the Executive Committee of the Board in its meeting dated 15/02/1988, had accorded sanction for shifting the site of the existing school, namely, Rajibpur Junior High School on Plot No.240, Khatian No.43, J. L. No.43, Mouza Rajibpur.
(2.) Earlier on the writ petition filed by Sk. Mohammad Ali and others Civil Rule No.1012(W) of 1985 was issued by this Court which was disposed of by me by a reasoned judgment dated 23/11/1987, in the presence of Mr. Pramatha Nath Palit, learned Advocate for the petitioners and Mr. S.C. Ukil, Government Pleader, with Miss. Chhabi Das, learned Advocate for the private respondents Nos. 4 to 7 and Mr. Pabitra Kumar Basu, learned Advocate for the State, on certain terms, inter alia, as follows :
(3.) This Court recorded the submissions of Mr. Ukil that since there was a representation filed on behalf of his clients, namely, the private respondents Nos. 4 to 7, before the West Bengal Board of Secondary Education for changing the present site of the School which has not yet been disposed of it would be just and proper for this Court to direct disposal of the said representation in accordance with law. Mr. Ukil further submitted that all the teaching staff were and are willing to opt service in the changed site and as such there should not be any impediment for changing the site, as it was pointed out in the affidavit in opposition filed on behalf of the private respondents Nos.4 to 7 in the said writ petition.;