Arindam Sinha, J - (1.) Two teachers of Panchapalli Junior High School in the District of Purba Medinipur are the petitioners in this writ petition. They have prayed for, inter alia, issuance of mandamus to command the respondent authorities concerned to act in terms of law and to accord necessary recognition to the said school forthwith.
(2.) Mr. Moitra, learned senior advocate appeared on behalf of the petitioners and submitted there was an order dated 7th December, 2009 passed by a Division Bench of this Court, accepted by the State and the Board. That order was made in an appeal arising out of a writ petition in which the subject matter of challenge was letter dated 27th October, 1998 written by the Board to the Secretary of the said school. By that letter six reasons were given by the Board as to why the claim for recognition of the school stood rejected. The Division Bench by its said order had made it abundantly clear that a DLIT team, to once again inspect, would be entitled only to examine the infrastructure and submit report to the appropriate authority.
(3.) In course of earlier hearings Mr. Ganguly, learned advocate, Additional Government Pleader appearing on behalf of the State had submitted that the report of the DLIT prepared pursuant to the said order of the Division Bench was a result of utter negligence on the part of the official concerned, particularly the District Inspector of Schools who had signed the same. That report suffers from non-application of mind inasmuch as what appears therefrom to be a recommendation for recognition is actually the opposite. The report according to Mr. Ganguly, did not recommend recognition of the school of the petitioners but unfortunately by reason of negligence and omission, the reasons for not recommending were not given in the said report.;