- (1.) THIS writ petition has been filed by the organizing teachers and 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 v. State of West Bengal & Ors. reported in (1997)1 Cal LJ 165.
(2.) 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. 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.
(3.) 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.;