A.K.Mathur, CJ. - (1.) This is an appeal directed against the order passed by the learned single Judge dated 22nd May, 2001 whereby the learned single Judge has set aside Memo No. S/631 dated 17th November, 2000 issued by the Secretary, West Bengal Board of Secondary Education and directed the authorities to take steps for recognition of the school in question as per the provisions of law forthwith within two months from the dated of communication of the order. Aggrieved against this order the present appeal has been preferred by the West Bengal Board of Secondary Education.
(2.) The Managing Committee of the Patharghata Junior High School (hereinafter referred to as the school), a school set up for the Class VIII standard, and some guardians of the wards of the said school filed a writ application challenging the Memo No. S/631 dated 17th November, 2000 issued by the Secretary, West Bengal Board of Secondary Education. It was intimated to the school authorities that the recognition committee of the Board did not recommend the school for recognition. It may be relevant to mention here that the recognition committee of the Board took up the case for recognition of the school in pursuance of earlier writ petition filed by the management in which a direction was given by this Court on 15th February, 2000 for consideration of the recognition of the school. In pursuance of the aforesaid direction given by this Court on 15th February, 2000, the Board took up the matter for consideration and the same was placed before recognition committee of the Board which refused to recommend the school for recognition on the following grounds: 1. The school claims to have been established in 1983 in violation of Clause 2(e) of G.O. No. 553-Edn(S), dated 26.4.78, moreover the school has only 29 decimal of land, which is inadequate and has been possessed in 1985 for which the date of establishment as claimed for cannot be accepted. 2. The school building is kachcha having bamboo fencing and tile shed;
(3.) There are five class rooms, but in view of the enrolment the number of room is inadequate.;