M.K.Mukherjee, J. - (1.) -The Secretary of the Panchavaya Junior High School ('School' for short), under the Police Station of Raigunj, in the district of West Dinajpur and the guardians of five students of the School jointly filed a petition under Article 226 of the Constitution of India before a learned Judge of this Court alleging that the West Bengal Board of Secondary Education ('Board' for short) and the Director of Secondary Education, Government of West Bengal ('Director' for short) were illegally and unjustly withholding recognition of their School. By an order dated May 5, 1989, the learned Judge disposed of the said petition with the following directions :-- "The Board is directed to go into the question of granting of recognition to the petitioner's school, Panchavaya Junior High School, Police Station-Raigunj, District-West Dinajpur. The Director of Secondary Education is directed to forward all the records along with the report to the Board within four weeks from date and the Board must pass the order within four weeks thereafter."
(2.) Alleging wilful disobedience of and non-compliance with the said order, the writ petitioners filed an application before the learned Judge for initiating a proceeding for contempt against the President and the Secretary of the Board and the Director. On that application, a Rule Nisi, being Civil Rule No. 9404(W) of 1989 was issued and it was disposed of by the learned Judge by his judgment and order-dated August 311, 1990, the operative part of which reads as follows :- "the Board is directed to grant unequivocal recognition of the School without fail within a fortnight from date. If the consequence of the grant of recognition is to give financial assistance, such financial assistance must be given without fail. The costs of this application, assessed at two hundred gold mohurs must be paid to the writ petitioners by the respondents concerned within a fortnight from the date hereof."
(3.) The above order is under challenge in the instant appeal, filed by the President and Secretary of the Board.;