Jyotirmay Bhattacharya, J. - (1.) This writ petition is directed against an order passed by the President of the West Bengal Board of Primary Education on 7th June, 2004 appearing at page 98 of this writ petition by which the petitioners' prayer for grant of recognition to the proposed Primary Teachers' Training Institute (hereinafter referred to as the P.T.T.I.), was refused on three fold grounds; firstly, oh the ground that the proposed P.T.T.I. has no land building of its own, secondly on the ground that the applicant does not fulfil the required conditions for grant of recognition, and thirdly, on the ground that the recognition Committee constituted under the Act, did not recommend the name of the proposed P.T.T.I. for such grant.
(2.) Mr. Asish Sanyal, learned Advocate, appearing for the petitioners, challenged the legality and/or validity of the said order, firstly, on the ground that the said order is a nullity, as the same was passed by an authority who is not authorised to pas such an order under the provision of the West Bengal Primary Education Act, 1973:
(3.) By referring to General Rules appearing at page 57 of this writ petition, particularly, with reference to paragraph 7 thereof, Mr. Sanyal submitted that under the said Rules, the Board is required to consider the report of the inspection team and subject to the fulfilment of the provisions of the Act and Regulations, the Board shall either recognise the Institute with or without conditions or refuse the recognition thereof. Thus, according to Mr. Sanyal, recognition can be granted either with or without conditions or it can be refused by the Board. Under the provisions of the said Rules no one else excepting the Board can refuse the grant of such recognition.;