Samapti Chatterjee, J. - (1.) THE petitioners filed the present writ petition for direction upon the respondent authorities for granting sponsorship in favour of Narendra Nath School for Visually Handicapped and Mentally Retarded students organised by Ikshupatrika Social Welfare Organisation. In the present writ petition the petitioner also prayed for quashing of the impugned order dated 28th November, 2011 passed by the Director of Mass Education Extension and Ex Officio Joint Secretary, MEE & LS Department, Government of West Bengal whereby the petitioners prayer for granting sponsorship to run the institution was rejected on the ground that government order dated 24th November, 2010 does not allow the petitioners' institution to enjoy sponsorship.
(2.) IT is revealed from the records that detailed inspection of the said school was held by the respondent authorities. The extract of which is quoted below: - "05. Sine students of Pre -Vocational Class have been changed to Primary section according to the decision of the special educators as they have been found somewhat advanced in mental retardation are than before when they were not at all adapted with the school atmosphere and therefore admitted to the Pre -Vocational Class in the bid to leave them into mental exercise toward some desired achievement. 06. As per query about especially 5 students Viz. Asha, Anima, Arati, Sonamoni, Asit that they did not appear to have mental retardation it is found that Arati & Sonamoni were present on the day of inspection, and regarding disability certificate the school authority approached to the CMOH, Tamluk, Purba Medinipur but in vain. So presently they have approached to the District Hospital at Tamluk to appear their students before Medical Board for issuance of that certificate. 07. The special educators are following FACP method of assessment of MR students. They are maintaining goal setting for individual students and individual files have been updated. 08. The Asst. Teachers have attained CRE Programmes and also visited to various institution like Moni Vikash Kendra at Kolkata, Shelter at Hooghly, Moyna at Purba Medinipur and applying their experience in various aspects of their institution. 09. Regarding pointed out anomalies in staff pattern the school authority have come up with explanation that they revised their staff pattern for the interest of the school through the procedure of notice publication and engagement through selection committee for which the self -explanatory letter of the Secretary of the institution and supporting documents are being enclosed. Remarks: - After six months inspection dated 21.06.10, 03.08.10, 13.11.10, 06.01.11, 14.03.11 to the school it is observed that the school authority and special educators are taking positive steps as per guidelines towards updating themselves and also fruitful achievement for developing teaching method and over all aspects of the institutions. It is to be stated that most of the deficiencies have been rectified and they are trying to rectify the rest ones." Mr. Arabindo Chatterjee, learned senior Counsel appearing for the petitioners submitted that impugned order dated 09.12.2012 has failed to appreciate that practically there is no deficiency in the school in question for receiving sponsorship and the deficiencies indicated in the report of the respondents No. 5 are minor in nature and have no relevance in the notification No. 833 dated 13.09.1996 issued by the Mass Education Extension Department, State Government, accordingly rejection made is totally non -est in the eye of law and is liable to be quashed.
(3.) MR . Chatterjee further submitted that the respondent No. 5 has failed to appreciate that the Government Order No. 1104/MMEE/SECTT dated 24.11.2010 is not applicable in the present facts and circumstances of this case because the said memo has categorically indicated that the application filed for sponsorship after that date cannot be considered as the concept of sponsorship has been withdrawn but in this case the application was filed on 1.01.2008, thus the finding of the authority that the school is fit for sponsorship provided such recommendation is in line with the Government Order No. 1104/MMEE/SECTT dated 24.11.2010 is totally perverse and have no legs to stand upon and this is liable to be quashed.;