AMITAVA LALA,J. - (1.) The dispute under the writ petition is in respect of upgradation of the concerned institution upto class IX and X level. On numerous occasion have already held that there is a gulf difference between recognition and upgradation of' an institution. Recognition can be equated with a birth of a baby wherein the upgradation can be equated with the nourishment of a baby already born Such references are being made by the learned Counsel of the petitioner by citing judgments (1999)2 Cal HN 789, Shri Ajit Kumar Das v. W. B. B. S. Education & Ors. and (2000)1 Cal' HN 695 Santosh Kumar Chakraborty & Ors. v. The State of West Bengal & Ors. There was also other judgment being delivered by this Court on 4.1.2000 in W.P No. 3780(W)/99 Sutusar Kanti Barik v. State of W. B. & Ors. [2000 WBLR (Cal) 502] from which an appeal was preferred and the same was dismissed. In dismissing such appeal the Division Bench observed that there is no guideline led by the Government in respect of upgradation of an institution. In any event, unless there is a policy of upgradation. administrative rules will fill up the gray area and if there is any error that will be cured by the High Court sitting in the writ jurisdiction of this Court. This is one of such cases.
(2.) In absence of such guideline, this Court was pleased to consider one office memo No. 65 dated 21.7.86 issued by the concerned D. I. of Schools (SE) 24 Parganas laying down certain conditions for the purpose of upgradation and directed to adopt such conditions in respect of the upgradation of the institution in the whole of province. Conditions are as follows : "(1) The school proposed for upgradation to a High School must have a reserve fund for at least Rs. 5,000/- and the School proposed for upgradation to a 4 Class Jr. High School or proposed for de novo 4-Class Jr. High School must have a reserve fund of at least Rs. 3,000/-. (2) The Schools are having qualified Headmaster/Headmistress will not be recommended for upgradation to a High School".
(3.) In the instant case, the upgradation of the institution up to Class IX and X was refused to grant by the Board by the letter of the Secretary dated 11.11.97. Conditions are as follows : "1) The school has no land of its own, Documents to the effect furnished does not authenticate the possession of the land by the school authority. 2) The existing school accommodation is not at all sufficient for running a High School. The sanitary arrangement is not satisfactory. 3) The enrolment of students as well as attendance on the date of inspection is totally fictitious. 4) Organising teaching and non-teaching staff for Classes IX & X are not genuine since- they are not traced on the date of inspection".;