Pratap Kumar Ray, J. - (1.) This writ application has been filed by the members of the Managing Committee of Mother Centenary Institute hereinafter for brevity refer to as Managing Committee of concerned school, praying following reliefs: a) Writ in the nature of Mandamus commanding the Respondent, particularly the D.I. of School (S.E.) Nadia to cause a D.L.I.T. inspection in Mother Centenary Institution as X class High School immediately and to take necessary steps for recognition of the said school as also to approve the teaching and non -teaching staff of the said school; b) Writ in the nature of Mandamus, commanding the Respondent particularly the President/Secretary, West Bengal Board of Secondary Education to allow the student of class X of the said school to appear at the Madhyamik Final Examination as external candidate on regular syllabus; c) Writ in the nature of Certiorari calling upon the Respondent to produce and/or to transmit all the relevant records, so that the conscionable justice may be given.
(2.) By the order dated October 12, 2001, P.K. Chattapadhyay J.: directed the Respondents to file affidavit -in -opposition but no affidavit -in -opposition has been filed by the Respondents. In course of hearing, relying upon the records of the West Bengal Board of Secondary Education hereinafter refer to as said Board for brevity, it was submitted by the Respondent Board that by recent decision recognition of the school was refused by the Executive Committee, of the said Board. Direction was given for inspection of the records and to file a supplementary affidavit assailing the decision of the said Board. The writ Petitioners accordingly have filed supplementary affidavits assailing the refusal to recognize the school. The writ Petitioner filed two supplementary affidavits; one affirmed on August 12, 2002 annexing material documents in support of the writ application, another affirmed on September 17, 2002, assailing the decision of the West Bengal Board of Secondary Education refusing the prayer for recognition of the school. Matter was heard at length. Despite supplementary affidavits as filed, no opposition was filed by the Respondents. In view of the change circumstances, this writ application now centered round to the impugned decision of the Executive Committee of the said Board whereby prayer for recognition was refused. West Bengal Board of Secondary Education refused the prayer for recognition of the school in its meeting held on May 31, 2001 by taking as many as seven grounds. This decision was communicated to the Secretary of the Managing Committee of the concerned school by the communication of Secretary of the said Board dated June 8, 2001, which reads as follows: I am directed to inform you that in compliance with the Hon'ble High Court order dated 7.10.99 passed in the matter referred to above the Recognition Committee considered in its meeting dated 31.5.2001 the views of the State Govt. vide memo No. 238 -SSE/2001, dated 28.5.2001 and the D.L.I.T. report thereto Under Sec. 19(3) of the Act, and Resolved that the committee regrets its inability to recommend Mother Centenary Institute (Proposed), Nadia for recognition on the grounds mentioned below.: 1. The School claims to have been established in 1973. But they did not apply for recognition following the prescribed norms; 2. The land of the school was possessed by lease deed executed on 5.3.2001. So the date of establishment cannot be accepted. The school was established after 1988 in violation of Clause 2(a) of G.O. No. 553 -Edn.(S), dated 26.4.1978; 3. The school opened classes IX and X in an irregular manner; and in violation of the prescribed norms; 4. Staff recruited without following prescribed rules; 5. Reserve Fund is inadequate; 6. D.L.I.T. did not find furniture in the class rooms; 7. Neither D.L.I.T. nor the State Govt. recommended for recognition; The Executive Committee of the Board considered the above resolution of the Recognition Committee Under Sec. 19A(3)(c)(i) of the Act, 1963, as amended, in its meeting dated 6.6.2001 and approved the same by rejecting the prayer for recognition of the said school.
(3.) The learned Advocate for the Petitioner has strongly urged that the school fulfilled all the materials as required for recognition of a school relying upon the inspection report of District Level Inspection Team dated February 12, 2001. It has been urged that the school got sufficient land under the lease agreement being 10 bighas in measurement, that the school situated in pucca buildings with 11 class rooms, one library room and one office room and that sanitary arrangements of the school are proper. It has been further submitted that there are as many as four feeder primary schools and nearby junior high school and/or high schools are situated at a distance of six to seven kilometers, which is not accessible for the students to complete their further education in secondary level. The teaching staffs are also well qualified. It has been strongly urged that the reason for non -recommending the school for recognition as taken by the District Level Inspection Team hereinafter refer to as D.L.I.T. for brevity, was not at all justified and reasons have no basis. It has been further urged that the Secondary, Education Department also did not apply his mind on the material points and as a result did not recommend to recognize the school on some flimsy grounds, which are not legally sustainable. It has been strongly urged that the many Scheduled Caste and Scheduled Tribes students are studying in the school and they would be deprived of benefit of secondary education, if school is not recognized. It is submitted that it is a fit case for the recognition of the school.;