- (1.) BY filing the present writ petition dated 21. 10. 2009, the petitioners being the Managing Committee of Jerthan Gayaprasad Vidyapith (hereafter the institution) and its Secretary have prayed for an order on the State of West bengal through the School Education Department, the Director of School education, West Bengal, the District Inspector of Schools (S. E.), Purba medinipur and the Secretary, West Bengal Council of Higher Secondary Education, being the respondents, to upgrade the institution from a High School to a Higher secondary School on the basis of an application dated 24. 6. 2006 within a month from date.
(2.) THE said institution was granted recognition as a High School by the West bengal Board of Secondary Education (hereafter the Board), as conveyed vide memo dated 1. 8. 2000 of its Secretary. Thereby, permission was given to open class IX from 1. 5. 2000 and Class X from 1. 5. 2001 provisionally for three years subject to fulfillment of conditions enclosed therewith. It, however, does not appear from the petition that recognition granted for the initial period of three years has been extended or not by the Board. Notwithstanding the same, I shall assume that the recognition granted to the institution to function as a high School is operative till date.
(3.) THE Managing Committee of the institution had applied before the secretary of the West Bengal Council of Higher Secondary Education (hereafter the Council) on 24. 6. 2006 for its recognition as a Higher Secondary School (for classes XI and XII) with relevant particulars, w. e. f 1. 7. 2006 (page 31 of the petition ). No decision however was taken by the respondents on such application. It does not appear from the petition that the petitioners followed up such application by making any sincere effort to have the respondents consider such application except that a request letter was sent by the Sabhadhipati, Purba medinipur Zilla Parishad to the Hon'ble Minister-in-Charge, Department of primary and Secondary Education, Government of West Bengal for upgrading the institution to promote higher education in the remotest part of the district. There is, however, no proof that the addressee received the request letter. In terms of provisions contained in Section 21 (2) (a) of the West Bengal Council of higher Secondary Education Act, 1975 (hereafter the 1975 Act), the Council has the power subject to any general or special order of the State Government, the provisions of the 1975 Act and any rule made thereunder to generally direct, supervise and control Higher Secondary Education and, in particular, the power to grant or refuse recognition to institutions if it thinks fit after considering the recommendation of the Recognition Committee, if any, in accordance with such regulations as may be made in this behalf. Sub-section (3)of Section 21 further confers power on the Council to make regulations in respect of any matter for the proper exercise of its power under the 1975 Act. In terms thereof, the Council framed regulations titled the West Bengal Council of Higher Secondary Education (Recognition of Institution) Regulations, 1976. It is reiterated in Regulation 3 (1) thereof that the Council may grant recognition with permission to present candidates for the public examination instituted by it to educational institutions on fulfillment of conditions specified therein subject to such general or special order as the State government may issue. Sub-Regulation (2) of Regulation 3 of the Regulations provides as follows: "3 (2 ). Unless otherwise specified by the Council an application for recognition for the first time shall be submitted to the Council by the 30th september of the year preceding the year from which recognition is sought for. The number of copies to be submitted and fees to be paid for such application shall be specified by the Council from time to time. These conditions shall not apply to the educational institutions seeking recognition from the academic sessions commencing from July, 1976 or to such institutions as the State government may recommend. ";