S.B.Sinha, J. - (1.) This application is directed against an order dated 20.8.96 as contained in annexure 'H' to the writ application, whereby and whereunder the West Bengal Board of Madrasah Education rejected the petitioner's application for upgradation of Madrasah.
(2.) The Madrasah in question is an old one. As far back in the year 1984, it filed an application for upgradation of the said Madrasah. From a perusal of the inspection report as contianed in annexure 'C' to the writ application, it appears that recommendation had been made in favour of such recognition stating: "The school has got quite a thick enrolment and the staff is adequately qualified. The institution is free from objection i.e. surroundings. Examined the school documents and its accounts. The maintenance of accounts need be more well-kept." From a perusal of the said inspection report, it appears that the said Madrasah fulfils the conditions for such recognition. However, as despite the same no step had been taken by the authorities concerned, the petitioner had to move this court under Article 226 of the Constitution of India, which was marked as C.O. No. 8414 (W) of 1992. By an order dated 8.12.95, G.R. Bhattacharjee, J. having regard to the facts and circumstances of the case, disposed of the writ application with directions. Pursuant to such direction, another inspection was held. The said inspection report is contianed in annexure 'F' to the writ application, wherein it has been noticed that whereas the school was recognised as a Class 2 School from 1.1.71, it was granted recognition as 4 Class School from 1.1.82. It further appears that it was noted that the nearest Madrasah, being Dantura Junior High Madrasah is situated at a distance of 9 K.Ms east from the Madrasah in question. Despite the same, the impugned order has been passed, inter alia, on the ground that there are several Schools in the locality and allegedly qualification of some of the organising staff appointed by the Madrasah authority for upgradation, are not in accordance with the approved staff pattern of a High Madrasah. It was further held that- "4) The D.L.I.T. in their report did not recommend this Madrasah for up-gradation. 5) The Govt. in the School Education Department has not specifically recommended the Madrasah for up-gradation."
(3.) Learned counsel appearing on behalf of West Bengal Board of Madrasah Education has placed before this court a guideline for grant of such recognition, which is contained in circular No. 24-SE(S) dated 12.1.98. In the said guideline, one of the conditions for recognition of Madrasah is that normally the minimum distance from one Madrasah to another Madrasah or other institutions providing educational facilities of such or equivalent standard should be 5 K.M.s.;