NABADWIP CHANDRA DAS Vs. WEST BENGAL BOARD OF SECONDARY EDUCATION AND OTHERS
LAWS(CAL)-1996-7-63
HIGH COURT OF CALCUTTA
Decided on July 31,1996

NABADWIP CHANDRA DAS Appellant
VERSUS
West Bengal Board Of Secondary Education And Others Respondents




JUDGEMENT

Dilip Kumar Basu, J. - (1.)Writ petitioners, being teaching and non teaching staff of AMULYA VIDYA BHABAN" Vill. and P.O.-Raine, P.S.-Kolaghat, District-Midnapore, W.B., awaiting for recognition of the aforesaid Junior High School established in 1972 and functioning without any interruption since 1975, have challenged and order passed by the President, West Bengal Board of Secondary Education, dated 15th Nov., 1995, which was communicated by the Secretary, West Bengal Board of Secondary Education and Memo beating No. S/449 dated 29th Nov., 1995 which is Annexure 'M' to the writ petition
(2.)In the aforesaid impugned order dated 15th Nov., 1995, President, West Bengal Board of Secondary Education, respondent No. 2 rejected the claim of the functionaries of the school for recognition of "AMULYA VIDYA BHABAN*' (hereinafter referred to as the said school) by observing, inter alia:-
"In pursuance of the Order of the Honourable High Court in C.O. No. 14256 (W) of 1994 and in consideration of Memo No. 575-SE(S) dated 13.9.95, I, President, West Bengal Board of Secondary Education, in exercise of powers conferred upon me under Sec. 28(2) of the West Bengal Board of Secondary Education Act, 1963, as amended, dispose of the matter of proposed recognition of Amulya Vidya Bhaban, Dist.-Midnapore, by rejecting the same on the following grounds:-

1) The school has not applied in the prescribed form with a requisite fee of Rs. 25.00 by 197 5 to the Board.

2) Teaching and non-teaching staff were appointed not keeping in view of the staff pattern and without observing the existing norms.

3) There are two Secondary/Junior High Schools within the radius of 4/5 k.m. and as such another Junior High School will not be a viable."

(3.)To consider the claim of the petitioners it is necessary to consider the fact as claimed, that the said school was set up with the aid and assistance of local people who had secured a piece of land by way of Gift in favour of the school measuring about 0.17 acres in plot No. 1964, Mouza-Raine, P.S. -Kolaghat, District-Midnapore. The claim of the petitioner was for recognition of the said Co educational JUNIOR HIGH SCHOOL for Class-IV & V at the first instance.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.