Pratap Kumar Ray, J. - (1.) In this writ application, the Petitioners have prayed for the following relief 's: a) A writ in the nature of Mandamus commanding the Respondents, their agents and servants to forbear from giving effect or further effect to the impugned memo No. s/275 dated 9th May, 2000 issued by the Respondent No. 4 being annexure 'P8' herein and further commanding the Respondents to grant recognition and affiliation to the Baburchak Junior High School forthwith, without any hindrance from any quarter; b) A writ in the nature of Mandamus commanding the Respondents, their agents and servants to absorb and regularize the services of the Petitioner Nos. 6 to 13 as organizing staff of the Baburchak Junior High School; c) A writ in the nature of certiorari directing the Respondents, their agents and servants to produce all records and proceedings so that conscionable justice may be administered by quashing the impugned memo No. S/275 dated 9th May 2000 issued by the Respondent No. 4 being annexure 'P8' herein and by granting the other relief 's as prayed hereinabove.
(2.) The Ad -hoc Committee of Baburchak Junior High School and its organizing teaching and non -teaching staff of the school are the Petitioners herein. The impugned order in this writ application is the decision of Executive Committee of the West Bengal Board of Secondary Education as taken in its meeting dated April 7, 2000 refusing to grant recognition to Baburchak Junior High School hereinafter refer to as concerned School, as was communicated by the Secretary, West Bengal Board of Secondary Education under his Letter No. 2/75 dated May 9, 2000. Reasons for refusal of recognition as stated in the said impugned letter read as follows; 1. The school claims to have been established 1971. But did not apply to the Board before 1975; 2. The school has 1 acre of land and 5 class rooms of 400 sq. ft, each. But the school building of, Kachcha construction;
(3.) The D.L.I.T. as well as State Govt, did not recommend the school for its recognition. 3. Earlier the Petitioners came into this Court praying necessary order of recognition of the school in W.P. No. 7051 (W) of 1998 and by the order dated September 16, 1990 passed by G.R. Bhattacharjee, J. (as His Lordship then was) writ application was disposed of by the following order: This is a case for recognition of a school. The District Inspector of Schools (S.E.) South 24 -Parganas the Respondent No. 3, is directed to get the concerned school inspected by the D.L.T. team within a period of twelve weeks from the date of communication of this order. The District Inspector of Schools (S.E.) -, South 24 -Parganas, will forward the report of the D.L.T. team with his own comments; thereon to the Director of School Education, West Bengal, within three weeks from the date of submission of the report and the Director of School Education, West Bengal, shall forward the report, all the necessary papers with his own comments thereon to the Education Department, Government of West Bengal, within eight weeks from the date of receipt of the necessary papers from the D.I. of Schools (S.E.) South 24 -Parganas. The Education Department shall then forward the report ant. the necessary papers with their own comments thereon to the West Bengal Board Secondary Education within a period of twelve weeks from the date of receipt of the necessary papers from the Director of School Education. The West Bengal Board of Secondary Education shall then consider the question of according recognition to the concerned school and pass necessary orders in the matter within a period, of twelve weeks from the date of receipt of the necessary papers from the Education Department, Government of West Bengal. It is needless to mention that at every stage the authorities concerned shall act strictly in accordance with law. While communicating this order to the D.I. of School, the Petitioner shall also enclose therewith not only a copy of the writ petition but also copies of all relevant papers in support of their claim for recognition of the concerned school. The writ petition stands disposed of accordingly; This order by itself shall not create any equity or right for recognition of the concerned school.;