Ajit Kumar Sengupta, J. - (1.) In this application under Article 226 of the Constitution, Shri Bhagwandas Haralalka a trustee of Adarsh Hindi High School Trust has, inter alia, asked for setting aside the decision of the West Bengal Board of Secondary Education (hereinafter referred to as "the Board", contained in the Memorandum No. 5755/G dated 14th August, 1984 rejecting the claim of the Adarsh Hindi High School Trust for the Special Constitution for the Managing Committee of Adarsh Hindi High School and Adarsh Hindi Girls' High School situated at No. 4 Rammoy Road, Calcutta-700025. The petitioners have also asked for a direction upon the respondents to grant a special Constitution for the Managing Committee of the said two schools. The facts which are appearing from the petition and the affidavit-in-reply are briefly stated as hereafter.
(2.) One Ramrikdas Haralalka, a philanthropist Hindi speaking person along with other Hindi speaking inhabitants in South Calcutta established a school named Ramrikdas Haralalka School. The necessary land and building had been donated by Ramrikdas Haralalka for the purpose of establishing the said school. All the members of the Managing Committee of the said school were Hindi speaking people. The said two schools had two sections-one Bengali medium section and the other a Hindi speaking section. The said School was recognised by the Calcutta University in or about the year 1940.
(3.) In or about the year 1939, the Calcutta University directed that the Hindi section should be separated and run as an independent school. At that point of time there was no Hindi medium school in South Calcutta. According to the said regulation of the University, the Hindi medium section was separated and it the recognition as a different independent school in the name of Anglo-India High School. The said Anglo-India High School was established by the people belonging to the Hindi speaking community. All the members of the Managing Committee were Hindi speaking. Almost all the teachers were Hindi speaking and the students were also Hindi speaking.;