HARISH TANDON, J. - (1.) BUNCH of writ applications including the present one have been filed either by the organizing teachers or by the managing committee of the organizing school for issuing the writ of summons commanding the respondent authorities to act in terms of the direction made in the Division Bench judgment dated 12th December 1996 of this court in case of West Bengal Board of Secondary Education Vs. State of West Bengal and Ors. reported in 1997(1) CLJ 165. Providing education to the tender children is one of the fundamental duty casted upon the State/Government under the Constitution of India. Even prior to the existence of the Constitution of India providing education at the primary level was one of the paramount consideration before the sovereign which led the sovereign to enact Bengal Local Self Government Act of 1885. However, the provision relating to primary education was taken away from the said act of 1885 and came to be vested upon enacting the Bengal (Rural) Primary Education Act 1930.
(2.) PRIOR to such enactment even thereafter several private organized primary schools mushroomed throughout the state which were established and organized by the educated persons of that locality. Several schools were established with the help of the local affluent people who were generous enough to give their land to the noble cause of providing education to the tender children of the locality with the help of the educated persons. To run such institutions smoothly managing committee was constituted which includes the local influential persons along with teachers who were rendering their services to take the tender children of the localities. Section 54 of the Bengal (Rural) Primary Education Act 1930 provides recognition of the primary school by the District School Board subject to the prescribed conditions. For such purposes recognition rules were framed in exercise of the power conferred under section 66 of the said Bengal (Rural) Primary Education Act 1930. Thus, the schools which were privately managed through the Managing Committee was given recognition by the District School Board in terms of the said recognition rules. Although the schools which were set up by the organizer teachers and was managed through a Managing Committee were recognized under the said recognition rules but the appointment of the organizer teachers were not approved. Although the recruitment rules of 1940 was enacted on 25th July 1940 but the right of the organizer teacher for being appointed with prior approval of the Director of the Public Instruction, West Bengal was established by introduction of Rule 3D of the Recruitment Rules which was framed in exercise of power under section 66 of the said Bengal (Rural) Primary Education Act 1930. The original Rule 3D of the said Recruitment Rule of 1940 recognizes such schools which were set up by private management and also to absorb the teachers who were working in the said school since its inception meaning thereby as organizer teacher.
(3.) THE said old Rule 3D was subsequently amended and the right which was conferred upon the organizer teacher of the recognized school was taken away upon insertion of new Rule 3D. Prior to the insertion of new Rule 3D several government circulars were issued by which the government invites applications of the private managed schools for their recognition and the absorption of the organizer teacher. Several litigations were filed before this court challenging various actions of the respondent authorities and the bunch of such litigations came up in appeal before the division Bench in the case of West Bengal Board of Secondary Education Vs. State of West Bengal reported in 1997(1) CLJ 165. The Division Bench categorize the different cases in six categories for its decision namely : (a) organized primary schools were never granted recognition (b) primary schools were granted recognition but organizer teachers were not appointed. In some cases even interview was held long ago (c) primary schools were granted recognition but organizer teachers attached to such schools were not appointed but outsiders were appointed in those schools by the concerned Ad-hoc Committees of the respective District School Board/Council (d) organized primary schools run by the organizer primary teachers for a long time, subsequently, the said schools were selected by the erstwhile Ad-hoc Committees School Board/Council for recognition and appointment was given to persons other than organizer teachers i.e. a new set of teachers (e) schools organized before 1978, inspection held but not yet recognized (f) where trained primary teachers were not appointed by the concerned District School Boards/Council, though schools set up by the trained organizer teachers were accorded recognition. The Division Bench while deciding the cases as categorized in six categories as stated above held : '260. However there cannot be any doubt whatsoever that in view of our findings aforementioned in cases where schools had been recognized prior to coming into force of New Rule 3D, the organizer teachers had derived a right to be considered for appointment, and thus they having acquired such a right were entitled to be considered in terms of the circular letters existing at the relevant time and as such writ petitioners, thus, had been deprived of their right for a long time, the respective District Primary School Councils are hereby directed to consider those cases and consider their cases for appointment in terms of Old Rule 3D and the circulars existing at the relevant point of time and if thy were suitably qualified therefor. If in any such case interview has already been held, appointment may be made on the basis of such interview. 261. In case there are any cases where primary schools were granted recognition but, the organizer teachers were not given appointment or absorbed but subsequently such recognition of schools were withdrawn, in those cases also the writ petitions would stand allowed subject to the observations made hereinbefore inasmuch as even in those cases on the date of recognition, the concerned candidates had a right to be considered for appointment and once they were entitled to appointment in terms of Old Rule 3D, the right vested in them could not have been taken away by de-recognition of the said school subsequently. We have, however, not able to follow as to how after recognition of the schools, outsiders could be granted appointment as has been alleged in some cases. On recognition of the school, it does not come within the purview of the scheme of 'Public Management' as there was no such provision under the 1930 Act. The director of Primary School Education is hereby directed to hold an enquiry in this regard and take appropriate action in the manner.' However, it has been noticed by the Division Bench that the organizer teachers who are working in a privately managed school should be considered along with the eligible candidates keeping in view the fact that they had been working for a long time and to ameliorate such situation it was held : '258. Furthermore, in view of the admitted position that the state is yet to frame a scheme in terms of Chapter XI of the 1973 Act and as further, the scheme under 1973 Act is to be given its full effect, the concerned authorities of the state, in our opinion, should consider the desirability of taking over the management as many schools as possible in exercise of its power under section 98 of 1973 Act so that not only the student studying in the schools may feel secure but the state would be in a position to provide employment to a large number of teachers working therein. Such an action on the part of the state would ameliorate the difficulties which are faced by thousands of teachers working in different primary schools in rural and urban areas and who might have a reasonable chance of being appointed in a school under public management.';