Sinha, J. - (1.) The abolition of Pre-Basic School by reason of the impugned order whether attracts Article 14 read with Article 45 of the Constitution of India or not is the question involves in these two appeals. In respect of self-same school, namely, Debiswaii Sishu Niketan two writ applications have been filed one by the school authority and another by the guardians. The said school admittedly was a Pre-Basic School. Allegedly pursuant to or in furtherance of the recommendation of Kothari Commission, the State of West Bengal in terms of its letter dated 29.6/7.7.92 addressed to the Director of School Education (P. E ), West Bengal stated:- "The undersigned is directed to say that with a view to maintaining uniform system of education of the Primary Level it has been tentatively decided that all the Pre Basic Schools in the State should be abolished at the earliest. The teachers of the existing Pre Basis Schools may be transferred to the nearby Primary Schools, where necessary, against suitable vacancies. The Metrons and the Group 'D' employees may be absorbed in neighbouring Secondary Schools or other similar Institutions. The District Inspector of Schools (P. E.) will implement the scheme gradually after prior consultation with the concerned District Primary School Council He is, therefore, requested to prepare a scheme on the above line and submit the same to this Department immediately for a final decision in the matter "
(2.) The afore mentioned order was questioned by the writ petitioners, inter alia, on the ground that thereby the fundamental right of the students would be violated. During the pendency of the writ application, another order dated 22.4.93 was Issued by the District Primary School Council; Hooghly, which reads thus:- "In compliance with the above Government Orders, it is ordered that:- 1. The Pre-Basic Schools of this District will be abolished with effect from 1st May, 1993. 2. The existing teaching staff of those schools will be transferred to the neighbouring Jr. Basic/Primary Schools under the control of the Council. Individual transfer order as per proposal and recommendation of the District Inspector of Schools (P. E.), Hooghly will be issued by the Council with intimation to all concerned. 3. Pending absorption of the Metrons and the Group 'D' employees in the neighbouring Secondary Schools or other similar institutions, the services of those staff be placed at the disposal of the attached Junior Basic Schools of the abolished Pre Basic Schools or neighbouring Primary Schools. Individual order to this effect is issued and communicated to ail concerned. The monthly salary of those staff will be drawn by the concerned Sub-Inspector of Schools on the basis of the monthly returns to be submitted by the authority of the said schools until further order. 4. The authority of the attached Junior Basic Schools of the abolished Pre-Basic Schools will act as the custodian of the records and the movable and immovable properties of the schools thus abolished till the final settlement is made in the matters. 5. All concerned is informed accordingly."
(3.) Mr Basu, learned Counsel appearing on behalf of the school authority and Mr. J. K. Mitva, Seamed Counsel appearing on behalf of the Guardian, inter alia, submit that the aforementioned decision is clearly contrary to the decision of the Apex Court In the case reported in 1992(3) SCC 666 and Unnl Krishnan J. P. v. Andhra Pradesh & Ors. reported in; AIR 1993 SC 2178. The learned Counsels submits that the action on the part of the concerned respondent must be held to be wholly arbitrary, inasmuch as, by reason thereof the pupils who ere within the age group of 3 to 5 years would be debarred from having any education. It was however submitted that in any event the Hooghly District Primary School Council has no jurisdiction to pass the Impugned order, inasmuch as, admittedly Pre-Basic Schools do not come within the purview of the West Bengal Primary Education Act.;