Bhagabatl Prosad Banerjee, J. - (1.) Against the judgment and order dated 31st July, 1996 passed by the Hon'ble Justice Dilip Kumar Basu, an appeal have been preferred by the Board and the Writ Petitioners-Opposite Patties have also filed cross-objections. By the judgment dated 31st July, 1996, the learned Judge have quashed the order passed by the President of tie Board dated 15th November, 1995. By that order the President of the Board, rejected the application for recognition of Amulja Bidya Bhaban Junior High School on the stereotype ground, which are as follows; - (1) the School has not applied in the prescribed form with a requisite fee of Rs. 25/- by 1975 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.
(2.) The learned Single Judge after considering the entire facts and circumstances and various cases, held that the order of the President of the Board could not be sustained and directed the West Bengal Board of Secondary Education to grant recognition of the School for Class-V to Class-VIII from the academic session 1996-97 and the provisional up gradation has to be granted upto Class-VIII so that there is no drop out in the School after Class-VIlI. School will generate momesium gradually and the School will be upgraded. It was further directed that the State Government was entitled to introduce the scheme for absorption of the teachers or appointment of teachers according to the prescribed rules and guidelines as amended up-to-date. The State Government was also given liberty to vary the terms of appointment so that the students of the School concerned get the best teachers who would be accountable to the students community.
(3.) The said Amalya Vidy Bahaban was established in 1972 and had been functioning without any interruption since 1975 with the aid and assistance of local people who are interested in the eradication of illiteracy and spreading out of education to common people, on a piece of land contributed by the people of the locality. The petitioners herein who applied for certain order are all teaching and non-teaching staff of the said School. It appears that the teachers had requisite qualification for being appointed as teacher and non teaching staff of the said School and the said School is a co-educational four class Junior High School. Since 1978, various representations, appeals and requisitions have been made for the purpose of recognition of the said School.;