ASHOKE KUMAR DASADHIKARI,J. - (1.) This relates to recognition of a school which was established long long back. The respondent authorities did not grant recognition to the school and the school authorities had to come up before this Court by filing a writ petition being W.P. No.10212(W) of 2001. The entire matter was considered taking note of the reports and other relevant documents and this Hon'ble Court at the time of disposal on 6th August, 2008 clearly held as follows:- "As held by this Court time and again, there may not be any fundamental right to recognition. Yet, recognition cannot arbitrarily be refused. Refusal to grant recognition to a school which has the requisite infrastructure is discriminatory and violative of the right to equality under Article 14 of the Constitution of India. ...... ........ ........ The State may be obliged to grant aid to all institutions which seek aid. The State cannot withhold recommendation of the school for recognition, if the school has the requisite infrastructure and otherwise conforms to the rules and regulation for recognition unless, of course, the State is, on the basis of cogent materials on record, of the considered opinion, that recognition of school would be in public interest having regard to the antecedents of its founder and/or the nature of instruction imparted."
(2.) In that order this Hon'ble Court also recorded as follows:- "This Court has taken serious view of the manner in which the respondents concerned have been harassing those in the management of the schools seeking recognition and denying recognition on one pretext or the other. The State authorities are constantly shifting their stand. The inconsistent stand which are State authorities have been taking to deny the schools recognition cannot stand the test of judicial scrutiny."
(3.) With the aforementioned observation the learned Court directed the concerned Secretary, School Education Department to take a decision for recommendation of the school in accordance with law taking into consideration the report of the District Inspector of Schools and in the light of the observation made in that judgment.;