JUDGEMENT
Amitava Lala, J. -
(1.) In 1974 school was established and started taking classes upto v/s. and VI. In 1985 Classes VII and VIII were also started. On February 17, 1987 Sabhadhipati, Howrah Zilla Parishad duly recommended the school along with 32 others to the concerned Minister -in -charge, Education Department for recognition till April 25, 96 when no step was taken. A writ petition being Company No. 5418 (W) of 96 was made. A Bench of this Court was pleased to direct the concerned District Inspector of Schools to make an inspection by the District Level inspection Team within the prescribed period. On July 10, 1996 inspection was made. On July 8, 1997 Secretary of the Education Department rejected the prayer of recognition in the following grounds:
i) Accommodation of the school is not sufficient;
ii) Appointment of one organising teacher under the Science and Mathematics group was made not in accordance with staff pattern laid down by the Government and the school authority failed to furnish any documentary evidence;
iii) The school authority failed to furnish any documentary evidence to prove that the school has applied prescribed from and fees of Rs. 25/ - by 1975 which is pre -requisite condition for first recognition of a school.
(2.) On December 8, 1997 by filing a writ petition being W.P. No. 17463 (W) of 1997 the memo was challenged. A Bench of this Court was pleased to direct review that decision within a particular period up on giving opportunity of hearing and by passing a reasoned order. On February 13, 1998 hearing was held by the president of the Board. On March 10, 1998 after hearing the President of the Board was pleased to reject the recommendation on the following grounds:
i) The school did not received any permission for starting a new one from the local authority concerned when it was established;
ii) The school did not apply for recognition in prescribed form with requisite fee of Rs. 25/ - to the Board;
iii) Accommodation in only a big hall of the building of the school for running of 4 -classes along with the office and girls' common room is to much insufficient;
iv) Appointment of organising teaching staff specially under the Science and Mathematics group was not made in strict compliance of the staff pattern of the Junior High School of the State Government West Bengal;
v) No records, registers as regards administration of the school were not available before 1978 and the school did not submit them at the time of hearing also;
vi) The DLMT did not recommend the school for recognition;
(3.) On May 18, 1998 the Sabhapati of the concerned panchayat Samity wrote a letter stating that the school should be recognised in view of its need for the public of the said locality.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.